Legal Opinion
Gary D. Peake Excavating Inc. v. Town Board of Hancock
Court of Appeals for the Second Circuit
Decided August 22, 1996No. 1746, Docket 95-9280PublishedCited by 33 opinions
1Opinion of the Court
MINER, Circuit Judge:
Plaintiffs-appellants Gary D. Peake Excavating, Inc. and Gary D. Peake (together, the “Plaintiffs”) appeal from a judgment entered in the United States District Court for the Northern District of New York (MeAvoy, Ch. J.) granting in part their motion for summary judgment and granting in part the motion for summary judgment of defendant-appellee Town Board of the Town of Hancock. The district court determined that Section 5 of Local Law No. 1 of the Town of Hancock (“Law No. 1” or the “ordinance”) violated the Commerce Clause of the United States Constitution by…
2Cases cited13 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
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3Cited by33 opinions
- Freedom Holdings Inc. v. SpitzerCourt of Appeals for the Second Circuit · 2004
- Skull Valley Band of Goshute Indians v. Nielson Ex Rel. Utah Department of Environmental QualityCourt of Appeals for the Tenth Circuit · 2004
- National Electrical Manufacturers Ass'n v. SorrellCourt of Appeals for the Second Circuit · 2001
- Entergy Nuclear Vermont Yankee, LLC v. ShumlinCourt of Appeals for the Second Circuit · 2013
- Evergreen Ass'n v. City of New YorkCourt of Appeals for the Second Circuit · 2014
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