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HARDWICK v. CUOMO

Nos. 89-5288, 89-5556.

891 F.2d 1097 (1989)

Charles L. HARDWICK, Speaker of the General Assembly of the State of New Jersey, et al., Appellants, v. Mario CUOMO, Governor of the State of New York, and James Wetzler, Commissioner of Taxation and Finance, State of New York.

United States Court of Appeals, Third Circuit.

Decided December 19, 1989.

Attorney(s) appearing for the Case

William F. Dowd, Dowd & Reilly, Red Bank, N.J., James P. Kleier (argued), Morrison & Foerster, San Francisco, Cal., Paul H. Frankel, Morrison & Foerster, New York City, Richard S. Zackin, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J., for appellants.

Robert Abrams, Atty. Gen. of the State of N.Y., R. Scott Greathead (argued), First Asst. Atty. Gen., Frederic L. Lieberman, Asst. Atty. Gen., New York City, for appellees.

Before MANSMANN and GREENBERG, Circuit Judges, and GAWTHROP, District Judge .

GREENBERG, Circuit Judge.

This matter is before the court on appeals by plaintiffs-appellants from the denial of their motion for a preliminary injunction restraining the defendants-appellees, Mario Cuomo, Governor of New York, and James Wetzler, Commissioner of Taxation and Finance, State of New York, from enforcing certain portions of the Tax Reform and Reduction Act of 1987 of the State of New York and from a subsequent order of the district court dismissing the...

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