Document Type


Publication Date



Plaintiff-appellant Sal Tinnerello & Sons, Inc. ("Tinnerello") appeals from an order of the United States District Court for the District of Connecticut (Chatigny, J.) denying its motion for a preliminary injunction to prevent the defendants, Town of Stonington ("Stonington" or the "Town"), Stonington Resource Recovery Authority (the "Authority") and Donald R. Maranell, First Selectman of Stonington's Board of Selectmen, from enforcing an ordinance creating the Authority and providing that (1) the Authority or solid waste collectors with whom the Authority has contracted will remove, transport and dispose of all commercial solid waste generated in Stonington and (2) all others are prohibited from removing, transporting or disposing of such waste. The order was grounded on the district court's view that Tinnerello had failed to make a sufficient showing of irreparable harm or likelihood of success on the merits of its claims brought under the Contract and Commerce Clauses of the United States Constitution.

For the reasons that follow, we affirm the order of the district court which is the subject of this appeal.


141 F.3d 46 (1998)

SAL TINNERELLO & SONS, INC., Plaintiff-Appellant,


TOWN OF STONINGTON; Stonington Resource Recovery Authority; and Donald R. Maranell, First Selectman, Defendants-Appellees.

Docket No. 97-7919. United States Court of Appeals, Second Circuit.

Argued November 5, 1997.

Decided April 3, 1998.

New York Law School location: File #2594, Box #138