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UNITED STATES v. CITY OF NEW YORK

No. 77 Civ. 3485.

463 F.Supp. 604 (1978)

UNITED STATES of America and the Trustees of Columbia University in the City of New York, Plaintiffs, v. CITY OF NEW YORK, the Health Services Administration of the City of New York and the Board of Health of the City of New York, Defendants.

United States District Court, S. D. New York.

December 26, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for plaintiff United States; Nathaniel L. Gerber, Asst. U. S. Atty., New York City, Raymond M. Larizza, Dept. of Justice, Washington, D. C., Stephen F. Eilperin, C. W. Reamer, Nuclear Regulatory Commission, of counsel.

Cahill, Gordon & Reindel, New York City, Volpe, Boskey & Lyons, Washington, D. C., for plaintiff The Trustees of Columbia University in the City of New York; Floyd Abrams, Charles E. Fairfax, III, Bennett Boskey, New York City., of counsel.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants; Joseph F. Bruno, Isaac Klepfish, New York City, of counsel.

OPINION

WARD, District Judge.

Plaintiffs, the United States of America and the Trustees of Columbia University in the City of New York ("Columbia") move pursuant to Rule 56, Fed.R.Civ.P., for summary judgment declaring that § 175.107(c) of the New York City Health Code ("City ordinance") is unconstitutional insofar as it has been preempted by the Atomic Energy Act of 1954, as amended, 42 U.S.C. §§...

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