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COLOMBRITO v. KELLY

No. 79 Civ. 6205 (RO).

590 F.Supp. 181 (1984)

Anthony COLOMBRITO, Plaintiff, v. Galen G. KELLY, et al., Defendants.

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

As Amended July 20, 1984.

Attorney(s) appearing for the Case

Levy, Gutman, Goldberg & Kaplan, New York City, Noel Tepper, Poughkeepsie, N.Y., for plaintiff; Jeremiah S. Gutman, New York City, Stephen M. Lipton, Poughkeepsie, N.Y., of counsel.

DeGraff, Fox, Conway, Holt-Harris & Mealey, Albany, N.Y., for defendants; John T. DeGraff, Jr., Robert H. Iseman, Albany, N.Y., of counsel.

OPINION AND ORDER

OWEN, District Judge.

Before me is a motion by defendant Galen Kelly for attorney's fees incurred in defending against a $9,000,000 civil rights action which the plaintiff sought to drop before the conclusion of but after some three weeks of trial. Plaintiff's application to discontinue the action was denied by this Court under circumstances that are detailed hereafter. On mandamus to the Court of Appeals with a stay of the trial, the action...

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