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IMAGE CARRIER CORP. v. BEAME

Nos. 79, 80 and 82, Dockets 77-7205, 77-7206 and 77-7224.

567 F.2d 1197 (1977)

IMAGE CARRIER CORPORATION, Appellee, v. Abraham D. BEAME, Mayor of New York City, et al., Appellants. The HOUSE OF LITHOGRAPHY, INC., et al., Appellees, v. Abraham D. BEAME, Mayor of New York City, et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided December 30, 1977.

Attorney(s) appearing for the Case

Carolyn E. Demarest, Asst. Corp. Counsel, New York City, W. Bernard Richland, Corp. Counsel, New York City, for appellant New York.

Francis T. Coleman, Washington, D. C. (Donald L. Rosenthal, Washington, D. C., Townley & Updike, New York City, of counsel), for appellee.

Norman Rothfeld, New York City, (Menagh, Trainor & Rothfeld), for intervenor-appellant.

Before SMITH, ANDERSON and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal raises the specter of Lochner v. New York, 198 U.S. 45, 25 S.Ct. 539, 49 L.Ed. 937 (1905), which, with the possible exception of Scott v. Sandford, 60 U.S. (19 How.) 393, 15 L.Ed. 691 (1857) (the Dred Scott case), remains the most discredited of Supreme Court decisions. We reject the attempt to resurrect this apparition of the past.

At issue below,1

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