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HOETZER v. COUNTY OF ERIE

Civ. No. 80-421.

497 F.Supp. 1207 (1980)

Hope & Walter HOETZER, Jr., d/b/a The Marrakesh, Kathleen Sue Godwin, d/b/a Suzie's Cloud Nine; Janice Walleshauser, d/b/a Starseed Enterprise; Leo M. Becker, Jr., d/b/a Popeye's Headquarters; Robert C. Pochedley, d/b/a Buffalo Headquarters, Inc. & The Echo Stores, Inc.; Judy Reshen, d/b/a J.E.M. Jewelry Dis-Trib. Co., Plaintiffs, v. The COUNTY OF ERIE; Edward Rutkowski; and Kenneth Braun and The State of New York and Robert Abrams, Defendants.

United States District Court, W. D. New York.

September 16, 1980.

Attorney(s) appearing for the Case

Joseph V. Sedita, Buffalo, N.Y., for plaintiffs.

Thaddeus J. Szymanski, Erie County Atty., (John R. Drexelius, Asst. County Atty., of counsel), Buffalo, N.Y., for defendants, The County of Erie, Edward Rutkowski and Kenneth Braun.

Robert Abrams, Atty. Gen., N.Y.S. (Joseph G. Homsy, Asst. Atty. Gen., of counsel), Buffalo, N.Y., for defendants, The State of New York and Robert Abrams.

FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER

ELFVIN, District Judge.

Plaintiffs initially commenced this action under 42 U.S.C. § 1983 to declare Erie County Local Law No. 4-1980 ("Local Law 4-1980") unconstitutional as violative of the due process clause of the Fourteenth Amendment and to enjoin defendants the County of Erie, Edward Rutkowski and Kenneth Braun (herein sometimes "the County defendants") from enforcing the same. Plaintiffs and the...

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