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WHITE v. SHULL

No. 80 Civ. 1889 (JMC).

520 F.Supp. 11 (1981)

John F. WHITE, Emily D. Kornfeld, Thomas C. Amory, individually and on behalf of all others similarly situated, Plaintiffs, v. Carol D. SHULL, as Acting Keeper of the National Register, and as an employee of the Heritage Conservation and Recreation Service of the Department of Interior of the United States of America, Defendant.

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

March 27, 1981.

Attorney(s) appearing for the Case

Shedler, Weiss & Kozupsky, New York City (Benjamin Shedler, New York City, of counsel), for plaintiffs.

John S. Martin, Jr., U. S. Atty., S.D.N.Y., New York City (Stephen A. Dvorkin, Sp. Asst. U. S. Atty., New York City, of counsel), for defendant.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Plaintiffs' motion for summary judgment is denied. Fed.R.Civ.P. 56.

Defendant's motion to dismiss the complaint for lack of subject matter jurisdiction is granted. Fed.R.Civ.P. 12(b)(1).

FACTS

Plaintiffs bring this action for declaratory and injunctive relief to remove the Village of Tuxedo Park, New York [the "Village"] from the National Register, a listing of properties and places...

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