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ALLWAY TAXI, INC. v. CITY OF NEW YORK

No. 71 Civ. 2293.

340 F.Supp. 1120 (1972)

ALLWAY TAXI, INC., et al., Plaintiffs, v. The CITY OF NEW YORK et ano., Defendants.

United States District Court, S. D. New York.

April 10, 1972.

Attorney(s) appearing for the Case

Friedlander, Gaines, Ruttenberg & Goetz, New York City, for plaintiffs; Edward Cherney, Merril A. Mironer, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendants; Israel Rubin, Renee Modry, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Plaintiffs, fifteen corporations owning and operating licensed taxicabs in New York City, move under Rule 65, Fed.R.Civ.P., for a preliminary injunction against enforcement of a New York City ordinance requiring exhaust emission controls for licensed taxicabs. Defendants cross-move under Rule 12(b) (c), Fed.R.Civ.P., for dismissal of the action for lack of subject matter jurisdiction...

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