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TRADE WASTE MANAGEMENT ASS'N, INC. v. HUGHEY

No. 85-5342.

780 F.2d 221 (1985)

TRADE WASTE MANAGEMENT ASSOCIATION, INC.; Dinardi; Middlesex Carting Co., Inc.; Salvatore Falgiano; Falgi Carting Co.; Custom Disposal Service Corporation; Steve DiNardi; Joseph George; DiBella Sanitation, Inc.; Philip F. DiBella; Dependable Disposal Service, Inc.; Frank Novello, United Service Disposal Corporation; Andrew Coviello; Crystal Carting Corporation; Bert Garrabrant; Fred Strubel; Michael Barletta; Blue and White Disposal, Inc.; Art Sawyer; Hamlette Disposal, Inc.; Patrick Hamlette; Giambrone Enterprises, Inc.; Joseph Giambrone; and Joe Doe (said name being a fictitious name for a real person who sues on behalf of himself individually and on behalf of certain persons and classes of persons similarly situated, Appellees, v. Robert E. HUGHEY, Commissioner of the Department of Environmental Protection of the State of New Jersey: and Irwin I. Kimmelman, Attorney General of the State of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 19, 1985.

Rehearing and Rehearing Denied January 15, 1986.

Attorney(s) appearing for the Case

Brendan T. Byrne (Argued), Kenneth L. Winters (Argued), Carella, Byrne, Bain & Gilfillan, Roseland, N.J., for appellees.

Irwin I. Kimmelman, Atty. Gen., Michael R. Cole, First Asst. Atty. Gen., Andrea M. Silkowitz (argued), John A. Covino, Deputy Attys. Gen., Trenton, N.J., for appellants.

Before GIBBONS, SLOVITER and STAPLETON, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 15, 1986.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The Commissioner of the New Jersey Department of Environmental Protection and the New Jersey Attorney General appeal from a final judgment declaring Pub.L.1983, ch. 392, N.J.S.A. 13:1E-126 to 13:1E-135 (Supp.1984-1985) (hereinafter referred to as Pub.L.1983, ch. 392), to be null and void as a violation of the United States

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