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SCHIAVONE v. MONTUORO

No. 82 Civ. 5843 (RO).

587 F.Supp. 66 (1984)

Ronald A. SCHIAVONE, Schiavone Construction Co., Gennaro Liguori, Joseph A. Di Carolis, Plaintiffs, v. Mario MONTUORO, Thomas P. Puccio, James D. Harmon, Jr., "John Doe 3", "John Doe 4", and "John Doe 5", the true names of said John Doe defendants being unknown to the plaintiff at this time, Defendants.

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

July 11, 1984.

Attorney(s) appearing for the Case

Connell, Foley & Geiser, Newark, N.J., for plaintiffs; Theodore W. Geiser, Thomas S. Cosma, Newark, N.J., of counsel.

Rudolph W. Guiliani, U.S. Atty., New York City, for defendants James D. Harmon, Jr., Thomas P. Puccio; William J. Brennan, Asst. U.S. Atty., New York City, of counsel.

MEMORANDUM AND ORDER

OWEN, District Judge.

In this action, sounding in defamation, plaintiffs claim that their reputations were injured and their Constitutional rights infringed by two Assistant United States Attorneys for the Eastern District of New York, defendants James D. Harmon, Jr. and Thomas P. Puccio.1 Defendants move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the amended complaint against them for failure to state...

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