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SSC CORP. v. TOWN OF SMITHTOWN

No. 1417, Docket 94-9192.

66 F.3d 502 (1995)

SSC CORP., Plaintiff-Counter-Defendant-Appellee, v. TOWN OF SMITHTOWN, Town Board of the Town of Smithtown, and Patrick Vecchio, as Supervisor, Town of Smithtown, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 19, 1995.

Attorney(s) appearing for the Case

Michael J. Cahill, Sinnreich Wasserman Grubin & Cahill, Hauppauge, NY (James Joyce, John Zollo, of counsel) for defendants-counter-claimants-appellants.

Leon Friedman, New York City (David L. Snyder, Snyder & Snyder, White Plains, NY, of counsel), for plaintiff-counter-defendant-appellee.

Gordon J. Johnson, Deputy Bureau Chief, Environmental Protection Bureau, John J. Sipos, Assistant Attorney General, Dennis C. Vacco, Attorney General of the State of New York, for Amicus Curiae State of New York.

Michael D. Diederich, Stony Point, New York, for Amici Curiae County of Rockland, Rockland County Solid Waste Management Authority, and New York State Association for Solid Waste Management.

Frank L. Amoroso, Nixon, Hargrave, Devans & Doyle, Garden City, New York, for Amicus Curiae Town of Babylon.

Robert M. Calica, Reisman, Peirez, Reisman & Calica, Garden City, New York, for Amici Curiae Town of Islip and Town of Brookhaven.

Frederick Eisenbud, Cahn, Wishod & Lamb, Melville, New York, for Amici Curiae Anthony Leteri, USA Recycling, Inc., and Friendly Carting, Inc.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

A law professor at Harvard is said to have remarked facetiously, a generation ago, that the greatest constitutional cases had concerned the sale and distribution of milk. The story might well be apocryphal as well as hyperbolic but there is truth to the statement, evidenced by the ubiquity of milk in the Supreme Court's Commerce Clause jurisprudence.1 Although the flood of milk cases

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