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STEEL INSTITUTE OF NEW YORK v. CITY OF NEW YORK

Docket No. 12-276.

716 F.3d 31 (2013)

STEEL INSTITUTE OF NEW YORK, Plaintiff-Appellant, v. CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 7, 2013.

Attorney(s) appearing for the Case

Brian A. Wolf , Smith, Currie & Hancock, LLP, Fort Lauderdale, FL, ( J. Daniel Puckett , Smith, Currie & Hancock, LLP, Atlanta, GA, on the brief), for Appellant.

Tahirih M. Sadrieh ( Edward F.X. Hart and Karen Selvin , on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, New York, for Appellee.

M. Patricia Smith , Solicitor of Labor, U.S. Department of Labor, Washington, D.C. ( Joseph M. Woodward , Charles F. James , and Allison G. Kramer , on the brief), for the Secretary of Labor as Amicus Curiae in Support of Appellee.

Before: JACOBS, Chief Judge, CALABRESI and SACK, Circuit Judges.

DENNIS JACOBS, Chief Judge:

The Steel Institute of New York, advancing the interests of the construction industry, sues the City of New York challenging local statutes and regulations that govern the use of cranes, derricks, and other hoisting equipment in construction and demolition. The Steel Institute argues that they are preempted by the Occupational Safety and Health Act (the "Act") and federal standards promulgated by...

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