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UNITED STATES v. TOWN OF WINDSOR, CONN.

Civ. No. H-76-248.

496 F.Supp. 581 (1980)

UNITED STATES of America and Combustion Engineering, Inc. v. TOWN OF WINDSOR, CONNECTICUT and William J. Kelly, the Building Inspector and Zoning Enforcement Officer of the Town of Windsor, and his successors in office.

United States District Court, D. Connecticut.

July 30, 1980.

Attorney(s) appearing for the Case

Mikal H. Frey, Trial Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., for the United States.

Brandon Hickey, Hartford, Conn., for Combustion Engineering, Inc.

Vincent W. Oswecki, Jr., Windsor, Conn., for defendants.

RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

CLARIE, Chief Judge.

The parties have filed cross-motions for summary judgment pursuant to Rule 56, Fed.R.Civ.P. The United States urges that the Supremacy Clause of the United States Constitution prohibits the defendants, the Town of Windsor and its Building Inspector and Zoning Enforcement Officer, from imposing the state building code requirements and collecting a building permit fee with

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