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RATHGABER v. TOWN OF OYSTER BAY

No. 06 CV 5450(ADS)(WDW).

492 F.Supp.2d 130 (2007)

Daniel RATHGABER, Plaintiff, v. The TOWN OF OYSTER BAY, and Steven L. Labriola, individually and as the Town Clerk, Defendants.

United States District Court, E.D. New York.

May 14, 2007.

Attorney(s) appearing for the Case

William J. Eppig, Esq., West Islip, NY, for Plaintiffs.

Gregory J. Giammalvo, by Donna Swanson, Assistant Town Attorney, Frank Scalera, Deputy Town Attorney, Oyster Bay, NY, for Town of Oyster Bay.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Daniel Rathgaber (the "plaintiff') brings this action against the Town of Oyster Bay (the "Town"), and Steven L. Labriola ("Labriola") (collectively the "defendants"), alleging that the Town's licensing provisions for commercial shell-fishing violate the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment to the United States...

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