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PALLADIO INC. v. DIAMOND

No. 682, Docket 35686.

440 F.2d 1319 (1971)

PALLADIO INC., Plaintiff-Appellant, v. Henry A. DIAMOND, as Commissioner of the Department of Environmental Conservation of the State of New York, Don J. Wickham, as Commissioner of Agriculture and Markets of the State of New York, John P. Lomenzo, as Secretary of State of the State of New York, Frank S. Hogan, as District Attorney of New York County, and Howard R. Leary, as Police Commissioner of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1971.

Attorney(s) appearing for the Case

Joseph L. Forscher, New York City (David S. Glassman, Steven Elias, Forscher, Glassman & Elias, New York City, on the brief), for plaintiff-appellant.

Thomas F. Harrison, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., of counsel; Samuel A. Hirshowitz, First Asst. Atty. Gen., Philip Weinberg, Asst. Atty. Gen., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.

PER CURIAM:

We affirmed in open court the order of the district court declining to issue a preliminary injunction or to convene a three-judge court to consider the constitutionality of New York State's recently enacted Mason Act, codified as § 358-a of the Agriculture and Markets Law, McKinney's Consol.Laws, c. 69. A companion measure to the somewhat milder (from plaintiff's viewpoint) Harris Act, codified as § 187 of the New York Conservation Law, McKinney...

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