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TN OF NO HEMPSTEAD v. EXXON

98 Misc.2d 194 (1979)

Town of North Hempstead, Plaintiff, v. Exxon Corporation, Defendant. (Action No. 1.) Mobil Oil Corporation, Plaintiff, v. Town of North Hempstead, Defendant. (Action No. 2.)

Supreme Court, Special Term, Nassau County.

January 16, 1979

Attorney(s) appearing for the Case

George A. Burrell, P. C., for Exxon Corporation, defendant in Action No. 1. Chase, Rathkopf & Rathkopf for Mobil Oil Corporation, plaintiff in Action No. 2. Joseph A. Guarino, Town Attorney (Bruce W. Migatz of counsel), for Town of North Hempstead, plaintiff in Action No. 1 and defendant in Action No. 2.

JOHN W. BURKE, J.

On April 27, 1976, the Town Board of the Town of North Hempstead enacted Local Law No. 1-1976 prohibiting the operation of self-service gasoline service stations within its unincorporated limits. The enactment in part provides:

"Section 29-19 Dispensing of gasoline, motor fuels or other flammable liquids "The installation and use of coin operated, self-service or customer...

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