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C & A Carbone, Inc. v. Town Of Clarkstown, New York

Docket No.: 92-1402
Argued: December 7, 1993
Decided: May 16, 1994

Topics:

Article 1, Section 8, Paragraph 3: Interstate Commerce Clause, Economic Activity, Commerce Clause, Constitutional Law, Dormant Commerce Clause, EPA, Environmental Protection Agency, Fourteenth Amendment, Natural Resources, Sherman Act, Zoning, antitrust, patent, retaliation, sovereign immunity

Petitioner: C & A Carbone, Inc., et al.
Respondent: Town Of Clarkstown, New York

Court Below: THE APPELLATE DIVISION, SUPREME COURT OF NEW YORK, SECOND JUDICIAL DEPARTMENT
Supreme Court Docket


511 U.S. 383 (1994)
Question:

Does a town's "flow control ordinance," which requires that all waste pass through a certain waste processing plant, violate the interstate Commerce Clause by disrupting commerce for waste processing plants in other states?

C & A Carbone, Inc. v. Town Of Clarkstown, New York
ORAL ARGUMENT

December 07, 1993

Holding: reversed and remanded
Decision: Decision: 6 votes for C & A Carbone, Inc., 3 vote(s) against
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