In the Matter of Subpoenas Duces Tecum Issued by the OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
DETROIT DIESEL CORPORATION, Respondent,
v.
ATTORNEY GENERAL OF THE STATE OF NEW YORK, Appellant.
MACK TRUCKS, INC., Respondent,
v.
ATTORNEY GENERAL OF THE STATE OF NEW YORK, Appellant.
CUMMINS ENGINE CO., INC., Respondent,
v.
ATTORNEY GENERAL OF THE STATE OF NEW YORK, Appellant.
CATERPILLAR, INC., Respondent
v.
ATTORNEY GENERAL OF THE STATE OF NEW YORK, Appellant.
VOLVO TRUCK NORTH AMERICA, INC., et al., Respondents,
v.
ATTORNEY GENERAL OF THE STATE OF NEW YORK, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 2, 2000.
May 2, 2000.
Attorney(s) appearing for the Case
Peter T. Barbur of counsel (Andrew G. Gordon, James A. Rubino, Jonathan S. Martel, Anthony Boccanfuso, Robert G. Abrams, Richard Ayres, Gilbert S. Keteltas, Gregory J. Commins, Jr., James B. Buda, David B. Tulchin, Michael E. Yaggy and Peter M. Corrigan on the brief; Cravath Swaine & Moore; Arnold & Porter; Howrey & Simon; Sullivan & Cromwell, and Piper & Marbury, L. L. P., attorneys), for respondents.
J. Jared Snyder of counsel (Peter H. Schiff on the brief; Eliot Spitzer, Attorney General of the State of New York), attorney, appellant pro se.
WILLIAMS, TOM, LERNER and FRIEDMAN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
NARDELLI, J. P.
In this appeal, we are called upon to determine whether the express preemption provision of the Clean Air Act precludes the Attorney General of the State of New York from pursuing claims arising out of the respondents' manufacture of heavy-duty diesel engines which, purportedly, were equipped with electronic devices specifically designed to circumvent Federal emissions controls...
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