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HERTZ CORP. v. CITY OF NEW YORK

No. 1592, Docket 92-7369.

1 F.3d 121 (1993)

The HERTZ CORPORATION, Plaintiff-Appellant, v. The CITY OF NEW YORK, O. Peter Sherwood, in his official capacity as Corporation Counsel of the City of New York, and Mark Green, in his official capacity as Commissioner of Consumer Affairs of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 2, 1993.

Attorney(s) appearing for the Case

Paul C. Saunders, New York City (Cravath, Swaine & Moore, of counsel), for plaintiff-appellant.

Alan G. Krams, New York City (O. Peter Sherwood, Corp. Counsel of the City of New York, Leonard Koerner, Lawrence S. Kahn, Barry P. Schwartz, June R. Buch, Julie Mertus, of counsel), for defendants-appellees.

Timothy Dyk, Washington, DC (Jones, Day, Reavis & Pogue, of counsel), for amicus curiae Chamber of Commerce of the U.S.

Before: FEINBERG, PRATT and McLAUGHLIN, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Hertz Corporation appeals from a judgment of the United States District Court for the Southern District of New York, Whitman Knapp, Judge, that dismissed its complaint which sought to enjoin enforcement of Local Law No. 21 of 1992 of the City of New York, referred to informally as the "Hertz law".

FACTS AND BACKGROUND

On January 2, 1992, Hertz announced that it would increase the daily car-rental rates it charges...

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