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New York State Motor Truck Association Inc. v. City of New York

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: November 16, 1987.

NEW YORK STATE MOTOR TRUCK ASSOCIATION, INC., ROADWAY EXPRESS INC., CONSOLIDATED FREIGHTWAYS CORP. OF DELAWARE, YELLOW FREIGHT SYSTEM, INC., UNITED PARCEL SERVICE OF AMERICA, INC., ABF FREIGHT SYSTEM INC., CAROLINA FREIGHT CARRIERS CORP., A-P-A TRANSPORT CORP., PLAINTIFFS-APPELLEES,
v.
THE CITY OF NEW YORK, EDWARD I. KOCH, IN HIS CAPACITY AS MAYOR OF THE CITY OF NEW YORK, ROSS SANDLER, IN HIS CAPACITY AS COMMISSIONER OF THE TRANSPORTATION DEPARTMENT OF THE OF THE CITY OF NEW YORK, AND BENJAMIN WARD, IN HIS CAPACITY AS COMMISSIONER OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK, DEFENDANTS-APPELLANTS

Appeal from and order of the United States District Court for the Southern District of New York (Haight, J.) preliminarily enjoining the appellants from enforcing Article 19 of the Traffic Rules and Regulations of the City of New York, as revised, and an order denying appellants' subsequent motion pursuant to Fed. R. Civ. P. 59(e) to amend the order of preliminary injunction. Affirmed.

Kaufman, Pierce, and Miner, Circuit Judges.

This is an appeal from an order of the United States District Court for the Southern District of New York, Charles Haight, Judge, granting the plaintiffs' motion for a preliminary injunction prohibiting the defendants from implementing and enforcing Article 19 of New York's Traffic Rules and Regulations, as revised, and from an order denying defendants' subsequent motion pursuant to Fed. R. Civ. P. 59(e) to limit the scope of the injunction. The order denying the Rule 59(e) motion is affirmed; the order granting preliminary injunction is affirmed substantially for the reasons given by Judge Haight in his lengthy opinion, reported at 654 F. Supp. 1521 (S.D.N.Y. 1987).

19871116

© 1998 VersusLaw Inc.



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