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RUIZ v. COM'R OF DEPT. OF TRANSP. OF CITY OF N.Y.

No. 85 Civ. 3263(RJW).

679 F.Supp. 341 (1988)

William R. RUIZ, Kevin J. Nally and John Greco, Jr., on Behalf of themselves and all others similarly situated, Plaintiffs, v. The COMMISSIONER OF the DEPARTMENT OF TRANSPORTATION OF the CITY OF NEW YORK and the New York State Department of Motor Vehicles, Traffic Violations Bureau, Defendants.

United States District Court, S.D. New York.

January 21, 1988.

Attorney(s) appearing for the Case

Altieri, Kushner, Miuccio & Frind, New York City, for plaintiffs; Alexander A. Miuccio, Debra Ruth Wolin, of counsel.

Peter L. Zimroth, Corporation Counsel of the City of New York, New York City, for defendant Commissioner; Anne P. Ward, Gabriel Taussig, Gary Tarnoff, George Gutwirth, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendant Dept. of Motor Vehicles; August L. Fietkau, Ann Horowitz, of counsel.

ROBERT J. WARD, District Judge.

Plaintiffs, who are truck drivers, brought this action to challenge the enforcement against them of New York City (the "City") regulations setting weight limits on trucks using streets and highways within the City. By order to show cause, plaintiffs sought to obtain a temporary restraining order pursuant to Rule 65(b), Fed.R. Civ.P., prohibiting enforcement of the challenged regulations, a preliminary injunction pursuant to Rule 65...

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