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EAST COAST LUMBER TERMINAL v. TOWN OF BABYLON

Civ. No. 9125.

81 F.Supp. 701 (1949)

EAST COAST LUMBER TERMINAL, Inc. v. TOWN OF BABYLON.

United States District Court E. D. New York.

January 4, 1949.

Attorney(s) appearing for the Case

Jacob W. Friedman, of New York City (Daniel A. Shirk and Jacob W. Friedman, both of New York City, of counsel), for plaintiff.

Oscar Murov, of Lindenhurst, N. Y. (Lindsay R. Henry, of Riverhead, N. Y., and Joseph Wackerman, of Brooklyn, N. Y., of counsel), for defendant.

GALSTON, District Judge.

This non-jury action involves the challenged constitutionality of an ordinance enacted by the defendant on December 6, 1943 for the licensing and regulation of excavations of sand, gravel and clay pits and quarries.

The plaintiff is the owner of approximately eighty acres fronting on Broad Hollow Road and located within the township of Babylon, and since February 1943 has been engaged, among other activities, in excavating, processing...

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