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UNITED STATES v. STATE OF N.Y.

No. 1049, Docket 82-6343.

708 F.2d 92 (1983)

UNITED STATES of America, Plaintiff-Appellee, and Beechcraft East, Inc., Intervenor-Plaintiff-Appellee, v. The STATE OF NEW YORK; and William Hennessey, as Commissioner of the Department of Transportation of the State of New York, Defendants-Appellants. AIRCRAFT OWNERS AND PILOTS ASSOCIATION, Plaintiff-Appellee, v. William HENNESSEY, as Commissioner of the Department of Transportation of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 26, 1983.

Attorney(s) appearing for the Case

Barrie L. Goldstein, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., State of N.Y., George D. Zuckerman, Deputy Sol. Gen., Judith A. Gordon, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

James J. von Oiste, Port Jefferson, N.Y., for intervenor-plaintiff-appellee Beechcraft East, Inc.

R. John Siebert, Dept. of Justice, Civ. Div., Washington, D.C. (Kenneth N. Weinstein, U.S. Dept. of Transp., Leonard A. Ceruzzi, Richard W. Danforth, Robert F. Eisengrein, F.A.A., J. Paul McGrath, Asst. Atty. Gen., David J. Anderson, Eugene A. Beatty, Dept. of Justice, Civ. Div., Washington, D.C., of counsel), for plaintiff-appellee U.S. of America.

John S. Yodice, Bethesda, Md. (Charles J. Peters, Bethesda, Md., Mark L. Heller, New York City, of counsel), for plaintiff-appellee Aircraft Owners and Pilots Ass'n.

Before OAKES, CARDAMONE and WINTER, Circuit Judges.

PER CURIAM:

This appeal is taken from an order of the United States District Court for the Northern District of New York, Roger J. Miner, Judge, enjoining the State of New York from imposing a nighttime ban on the use of Republic Airport in Suffolk County, New York. The court below granted plaintiff Beechcraft's motion for preliminary injunction on grounds that New York's curfew was overbroad and arbitrary in violation of the Supremacy Clause of the United States...

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