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WOOD MARINE SERVICE, INC. v. CITY OF HARAHAN

No. 87-3740.

858 F.2d 1061 (1988)

WOOD MARINE SERVICE, INC., Plaintiff-Appellee, v. CITY OF HARAHAN, Intervenor-Appellant, v. BOARD OF COMMISSIONERS FOR the EAST JEFFERSON LEVEE DISTRICT and its individual members in their official capacity, Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied December 1, 1988.

Attorney(s) appearing for the Case

Thomas P. Anzelmo, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, La., for intervenor-appellant.

Peter Burke, Jon W. Wise, Lugenbuhl, Burke, Wheaton, Peeck & Rankin, New Orleans, La., for Wood Marine Service, Inc.

Before CLARK, Chief Judge, BROWN and JOLLY, Circuit Judges.

CLARK, Chief Judge:

The City of Harahan, Louisiana appeals from an order of the District Court for the Eastern District of Louisiana permanently enjoining the enforcement of Harahan's comprehensive zoning ordinance on the ground that the ordinance violates the Commerce Clause of the United States Constitution by burdening trade on the Mississippi River. Finding no impermissible burden on interstate commerce, we reverse the lower court's decision and vacate the order...

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