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MARTIN v. SUPREME COURT OF STATE OF N.Y.

No. 86-CV-312.

644 F.Supp. 1537 (1986)

Ernest Franklin MARTIN, Jr. and Karen Katz, Plaintiffs, v. The SUPREME COURT OF the STATE OF NEW YORK; Barbara L. Martin; John C. Dillon, Sheriff of Onondaga County; Elaine Lytel, Clerk of Onondaga County, Defendants.

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

October 7, 1986.

Attorney(s) appearing for the Case

Finocchio & Edwards, Syracuse, N.Y., for plaintiffs; Vincent J. Finocchio, Jr., of counsel.

Robert Abrams, Atty. Gen. of N.Y., Albany, N.Y., for defendant The Supreme Court; Lawrence L. Doolittle, Asst. Atty. Gen., of counsel.

Greenwald & Dague, Syracuse, N.Y., for defendant Martin; Raymond J. Dague, of counsel.

Robert J. Rossi, Co. Atty., Syracuse, N.Y., for defendants Dillon and Lytel; Diane Tucker, of counsel.

MUNSON, Chief Judge.

Plaintiff Ernest Franklin Martin, Jr., and his wife, Karen Katz, by their attorney, filed a complaint under 42 U.S.C. § 1983 asserting that specific state actors and Mr. Martin's ex-wife conspired to deprive them of property without due process of law essentially by Mrs. Martin's attempts to execute on a judgment obtained against Mr. Martin in Missouri and filed in New York. After oral arguments on defendants' motions to dismiss, plaintiff...

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