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  5. 77 N.Y.2d 761 (1991)
 

SOCY. OF PLASTICS v. SUFFOLK

77 N.Y.2d 761 (1991)

The Society of the Plastics Industry, Inc., et al., Respondents, v. County of Suffolk et al., Appellants.

Court of Appeals of the State of New York.

Decided May 9, 1991.

Attorney(s) appearing for the Case

E. Thomas Boyle, County Attorney (Caroline Levy of counsel), for appellants.

Bernard S. Meyer, Jeffrey G. Stark, Jerome H. Heckman, John S. Eldred and Ralph A. Simmons for respondents.

Chief Judge WACHTLER and Judges ALEXANDER and BELLACOSA concur with Judge KAYE; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judges SIMONS and TITONE concur.

KAYE, J.

The Suffolk County Legislature, as part of an effort to protect the environment, in 1988 adopted the Plastics Law, banning the use of certain plastics products by retail food establishments. This is an action by representatives of the plastics industry — a nationwide trade organization and one local member — to overturn that law.

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