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RUIZ v. COMMISSIONER OF D.O.T. OF CITY OF NEW YORK

No. 85 Civ. 3263 (RJW).

687 F.Supp. 888 (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.

June 8, 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, Corp. Counsel of the City of New York, New York City, for defendant Commissioner; Anne P. Ward, Gabriel Taussig, Gary R. Tarnoff, of counsel.

Robert Abrams, Atty. Gen., of the State of New York, New York City, for defendant Dept. of Motor Vehicles; August L. Fietkau, Richard G. Liskov, of counsel.

OPINION

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. On cross-motions for summary judgment, the Court dismissed the action in its entirety in an opinion dated January 21, 1988 ("the January 21 Opinion"). 679 F.Supp. 341

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