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SANITATION AND RECYCLING INDUSTRY v. CITY OF N.Y.

No. 655, Docket 96-7788.

107 F.3d 985 (1997)

SANITATION AND RECYCLING INDUSTRY, INC., Michael Dibenedetto, Multi-Carting, Inc., John A. Corrieri, Inc., John P. Corrieri, Inc., Victor Ferrante, Silver Star Carting Co., Inc., Michael Verrilli, Falso Carting Co., Inc., Constantino Isabella, Isabella City Carting Corp., Kenneth Occhiogrosso, Joe's Sanitary Haulage, Vincent Cinotii, Marangi Carting Corp., John A. Toscano, Mr. T Carting Corp., Carl Dell'Olio, Dellvena Carting Corp., John Florio, Pioneer Carting Corp., James Tesi, C.T. Carting Corp., Angela Buskirk, Frank Lomangino & Sons, Inc., Arnold Sirico, Midbronx Haulage Corp., Paul Panza, Bronx County Rubbish Removal, Inc., Jay Malave, Vincent Archina, Crown Waste, Inc., Gerald Antonacci, Plaintiffs-Appellants, v. CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 28, 1997.

Attorney(s) appearing for the Case

Gerald Walpin, New York City (Jeffrey L. Braun, Jane J. Ferrall, Jonathan J. Faust, Rosenman & Colin, LLP, New York City, of counsel), for Plaintiffs-Appellants.

Alan G. Krams, New York City (Paul A. Crotty, Kristin M. Helmers, Corporation Counsel of the City of New York, New York City, of counsel), for Defendant-Appellee.

Before: NEWMAN, Chief Judge, CARDAMONE, and CALABRESI, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal challenges the constitutionality of Local Law 42, a newly-enacted law of the City of New York, that purports to promote the efficient and lawful conduct of the commercial carting business in the City. Finding that the carting industry has been corruptly influenced by an organized criminal cartel for many years, and that law enforcement and regulation of the industry under existing law has not succeeded in rooting out illegal and...

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