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ALTAIRE BUILDERS, INC. v. VILLAGE OF HORSEHEADS

No. CIV-81-179B(E).

551 F.Supp. 1066 (1982)

ALTAIRE BUILDERS, INC., Plaintiff, v. VILLAGE OF HORSEHEADS, Robert G. Chapman, John R. Barber, Alan C. Hutchinson, William J. Cummiskey, Earle R. Catlin, Michael J. Sopp, Walter Good, and James W. Stevens, Defendants.

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

December 7, 1982.

Attorney(s) appearing for the Case

Alex T. LaBreque, Peter C. Buckley, Elmira, N.Y., Michael Diamant, Cleveland, Ohio, for plaintiff.

Vincent Fontana, New York City, for defendants.

David Scott, Elmira, N.Y., for Cummiskey.

MEMORANDUM and ORDER

ELFVIN, District Judge.

The plaintiff, Altaire Builders, Inc. ("Altaire"), commenced this action for compensatory and punitive damages under 42 U.S.C. §§ 1983 and 1985 for alleged violation of its civil rights.

In September, 1978 Altaire contracted to purchase a 13.5 acre tract of land zoned for "planned unit development" ("P.U.D."), and located within the Village of Horseheads (N.Y.). The property adjoined a 1.5 acre...

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