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HEIMBACH v. REGAN

No. 83 Civ. 5072 (MP).

575 F.Supp. 767 (1983)

Louis HEIMBACH as County Executive of Orange County and the County of Orange, Plaintiffs, v. Edward V. REGAN, as Comptroller of the State of New York, Defendant, and Orange County Employees Unit, Orange County Local 836, Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Intervenor-Defendant.

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

December 21, 1983.

Attorney(s) appearing for the Case

James G. Sweeney, County Atty. of Orange County by Francis D. Phillips, II, Goshen, N.Y., for plaintiffs.

Robert Abrams, Atty. Gen. of State of N.Y. by Andrea Green, Asst. Atty. Gen., New York City, for defendant.

Roemer & Featherstonhaugh by Pauline Rogers Kinsella, Albany, N.Y., for intervenor-defendant.

OPINION AND ORDER

MILTON POLLACK, Senior District Judge.

These are motions of defendant and the intervenor for judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c). As shall be set forth in greater detail below, this action should be dismissed as plaintiffs lack standing to assert their claims.

By this action, plaintiffs seek to avoid the consequences of a decision entered against them by the New York Supreme Court, Appellate Division, on a...

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