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DiGIOVANNI v. CITY OF ROCHESTER

No. CIV-87-0044T.

680 F.Supp. 80 (1988)

Anthony F. DiGIOVANNI, on behalf of himself and all others similarly situated, Plaintiff, v. CITY OF ROCHESTER, Defendant.

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

February 26, 1988.

Attorney(s) appearing for the Case

Greisberger, Zicari, McConville, Cooman, Morin & Welch, P.C. (Richard A. Dollinger and Kevin S. Cooman, of counsel), Rochester, N.Y., for plaintiff.

City of Rochester, Corp. Counsel's Office (Barry Watkins, of counsel), Rochester, N.Y., for defendant.

DECISION AND ORDER

TELESCA, District Judge.

INTRODUCTION

Plaintiff, Anthony DiGiovanni ("DiGiovanni") commenced this action against the City of Rochester ("the City") based on the City's withholding of taxes from payments made to DiGiovanni after he was disabled on the job.1 DiGiovanni maintains that the City improperly withheld taxes from non-taxable payments. The City has moved for summary judgment pursuant to Fed...

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