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SEAAIR NY, INC. v. CITY OF NEW YORK

No. 00-9096.

250 F.3d 183 (2001)

SeaAIR NY, Inc., Plaintiff-Appellant, v. CITY OF NEW YORK, City of New York Fire Department, City of New York Department of Business Services and Robert Grotell, Individually and as the Director of the Mayor's Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 22, 2001.

Attorney(s) appearing for the Case

Donald E. Creadore, Tunick, Kupferman & Creadore, New York, NY, for Plaintiff-Appellant.

Ellen S. Ravitch, Office of Corporation Counsel, City of New York, New York, NY, (Michael D. Hess, Corporation Counsel, Stephen J. McGrath and Deborah Rand, of counsel), for Defendants-Appellees.

Before: WALKER, Chief Judge, POOLER, Circuit Judge. and OAKES, Senior Circuit Judge.

OAKES, Senior Circuit Judge:

SeaAir NY, Inc. ("SeaAir") sued the City of New York and various other municipal defendants (collectively, the "City"), charging that the City violated SeaAir's constitutional rights by restricting the operation of seaplane sightseeing tours. The United States District Court for the Southern District of New York, John S. Martin, Judge, granted summary judgment to the City, finding that the restriction did not violate the Supremacy...

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