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NAT. TANK TRUCK CARRIERS v. CITY OF NEW YORK

No. 810, Docket 81-7838.

677 F.2d 270 (1982)

NATIONAL TANK TRUCK CARRIERS, INC., and Ritter Transportation, Inc., Plaintiffs-Appellants, v. CITY OF NEW YORK, New York City Fire Department, and Augustus A. Beekman, Fire Commissioner, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 3, 1982.

Attorney(s) appearing for the Case

Lawrence W. Bierlein, Washington, D. C. (Douglas E. McKeon, New York City, of counsel), for plaintiffs-appellants.

Francis F. Caputo, New York City (Frederick A. O. Schwarz, Jr., Corp. Counsel of the City of New York, Barry Schwartz, New York City, of counsel), for defendants-appellees.

Before LUMBARD and OAKES, Circuit Judges, and FRIEDMAN, Chief Judge, Court of Claims.

OAKES, Circuit Judge:

This appeal is from a decision of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, 515 F.Supp. 663, to the extent that it upheld New York City Fire Department regulations regarding the transportation of hazardous gases by tank truck. F.P. Directive 5-63, issued by the Division of Fire Prevention and entitled "specifications for Vehicles Transporting or Delivering...

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