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Cresenzi Bird Importers Inc. v. the

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: October 27, 1987.

CRESENZI BIRD IMPORTERS, INC., NOVAK'S TROPICAL AVIARY, INC., AND SUPREME EXOTIC BIRDS, INC., PLAINTIFFS-APPELLANTS,
v.
THE STATE OF NEW YORK, THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND HENRY G. WILLIAMS, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DEFENDANTS-APPELLEES

Appeal from judgment of United States District Court for the Southern District of New York, William C. Conner, J., dismissing plaintiffs' complaint and denying preliminary injunction in challenge on federal and state grounds to the constitutionality of N.Y. Envtl. Conserv. Law § 11-1728 (McKinney 1984). Affirmed.

Per Curiam:

Before: FEINBERG, Chief Judge, NEWMAN and WINTER, Circuit Judges.

Plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York, William C. Conner, J., dismissing their complaint and denying them a preliminary injunction in their challenge to the New York Wild Bird Law, N.Y. Envtl. Conserv. Law § 11-1728 (McKinney 1984), and regulations promulgated thereunder, on various federal and state constitutional and statutory grounds. The judgment of the district court is affirmed substantially for the reasons given by Judge Conner in his thorough opinion reported at 658 F. Supp. 1440 (S.D.N.Y. 1987).

19871027

© 1998 VersusLaw Inc.



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