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TOWN OF ORANGETOWN v. GORSUCH

No. 81 Civ. 1147.

544 F.Supp. 105 (1982)

TOWN OF ORANGETOWN, Plaintiff, v. Anne M. GORSUCH, et al., Defendants.

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

July 26, 1982.

Attorney(s) appearing for the Case

Winer, Neuburger & Sive, New York City, for plaintiff; David Sive, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., New York City, for defendant Anne M. Gorsuch; Gaines Gwathmey, III, Asst. U. S. Atty., New York City, of counsel.

Clune, White & Nelson, Harrison, N. Y., for defendant Town of Clarkstown; Joseph A. Maria, Harrison, N. Y., of counsel.

Berle, Butzel, Kass, & Case, New York City, for defendant Rockland County Sewer Dist. No. 1; Peter A. A. Berle, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, for defendant Robert Flacke; Ezra I. Bialik, Asst. Atty. Gen., New York City, of counsel.

OPINION AND ORDER

OWEN, District Judge.

Defendant moves to dismiss plaintiff's complaint for failure to state a claim. Except as to plaintiff's third claim for relief, defendant's motion is denied. As to plaintiff's third claim, defendant's motion is granted.

Plaintiff, the Town of Orangetown ("Orangetown"), is a municipality in Rockland County. A sewage treatment plant is located there. By this suit for declaratory and injunctive relief, plaintiff...

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