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ACORN PONDS v. INCORPORATED VILLAGE OF NORTH HILLS

No. CV 81-1573.

623 F.Supp. 688 (1985)

ACORN PONDS AT NORTH HILLS, Plaintiff, v. The INCORPORATED VILLAGE OF NORTH HILLS, Lowell H. Kane, Individually and as Mayor of The Incorporated Village of North Hills, Bentley H. Sherman, Individually and as Deputy Mayor and Trustee of The Incorporated Village of North Hills, William J. Baker, Louis Foti and Joseph Brucia, Individually and as Members of the Board of Trustees of The Incorporated Village of North Hills, and Nick Massand, Individually and as Village Engineer of The Incorporated Village of North Hills, Defendants.

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

July 22, 1985.

Attorney(s) appearing for the Case

Meltzer, Lippe & Goldstein, P.C. (William D. Denson, of counsel), Mineola, N.Y., for plaintiff.

Jaspan, Ginsberg, Ehrlich, Reich & Levin except defendant Brucia. (A. Thomas Levin, of counsel), Garden City, N.Y., for defendants.

Memorandum of Decision and Order

MISHLER, District Judge.

Defendants, by two separate notices of motion (dated March 15, 1985 and March 18, 1985), move for summary judgment, pursuant to Fed.R.Civ.P. 56, on various grounds.

COMPLAINT

The claims allege that defendants, in their capacities as hereafter described, individually and as part of a common scheme and plan, deprived the plaintiffs of their right to equal protection under the...

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