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AMER. INST., STEEL v. CO. OF ERIE

32 A.D.2d 231 (1969)

American Institute for Imported Steel, Inc., et al., Appellants-Respondents, v. County of Erie et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 27, 1969.

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy & Fernbach (Seymour Graubard of counsel), for appellants-respondents.

George M. Nelson, County Attorney (Milton S. Weisberg of counsel), for respondents-appellants.

Hodgson, Russ, Andrews, Woods & Goodyear for Bethlehem Steel Corporation and others, amici curiæ.

Bredhoff, Gottesman & Cohen and Thomas E. Krug for United Steelworkers of America, amicus curiæ.

DEL VECCHIO, J. P., MARSH, WITMER and MOULE, JJ., concur.

BASTOW, J.

This appeal presents the basic issue as to the validity of a resolution adopted by the Erie County Legislature in April, 1968. The enactment mandated that contract documents for capital improvement projects of the county should provide that only steel made in mills located in the United States would be supplied in the performance of contracts and subcontracts. Thereafter, in implementation of the resolution, defendant Bossert, County Commissioner...

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