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NEW YORK STATE WATERWAYS ASSOCIATION, INC. v. DIAMOND

No. 63, Docket 72-1249.

469 F.2d 419 (1972)

NEW YORK STATE WATERWAYS ASSOCIATION, INC., et al., Appellants, v. Henry L. DIAMOND et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided November 10, 1972.

Attorney(s) appearing for the Case

Eugene Van Voorhis, Rochester, N. Y. (Branch, Van Voorhis & Wise, Rochester, N. Y.), for appellants.

Thomas F. Harrison, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Philip Weinberg, Asst. Atty. Gen., of counsel), for appellees.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Plaintiffs below, an association of owners and operators of tugboats and other vessels responsible for the movement of the bulk of barge traffic in New York and the adjacent states, brought suit in the United States District Court for the Western District of New York, seeking declaratory and injunctive relief against the enforcement of New York Navigation Law § 33-c (McKinney Supp. 1972), McKinney's Consol.Laws, c. 37. That statute...

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