INTERNATIONAL PAPER CO. v. TOWN OF JAY

No. 90-1602.

928 F.2d 480 (1991)

INTERNATIONAL PAPER COMPANY, Plaintiff, Appellant, v. TOWN OF JAY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 21, 1991.


Attorney(s) appearing for the Case

William J. Kayatta, Jr. with whom Catherine R. Connors, and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, were on brief, Portland, Me., for plaintiff, appellant.

Theodore E. Dinsmoor with whom Gilbert R. Hoy, Jr., Gaston & Snow, Boston, Mass., Gerald F. Petruccelli and Petruccelli, Cox & Martin, were on brief, Portland, Me., for defendants, appellees.

Before SELYA, Circuit Judge, and BROWN and BOWNES, Senior Circuit Judges.


JOHN R. BROWN, Senior Circuit Judge:

The International Paper Company ("IP"), an industry operating in the town of Jay, Maine ("the Town" or "Jay"), brought suit to invalidate and enjoin enforcement of a municipal ordinance ("the Ordinance") which regulated the emission of pollutants by Jay industries, including IP. IP claimed that the Ordinance placed undue restrictions upon its bargaining power in a labor dispute with striking...

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