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KRMENCIK v. TOWN OF PLATTEKILL

No. 83-CV-638.

758 F.Supp. 103 (1991)

Emily KRMENCIK, Individually and as Executrix of the Estate of Jaroslav Krmencik, Plaintiffs, v. TOWN OF PLATTEKILL, James Fehr, as the Town of Plattekill Superintendent of Highways, Herman Haug, and Tobias Haug, Defendants.

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

March 4, 1991.

Attorney(s) appearing for the Case

David J. Clegg, Kingston, N.Y., for plaintiffs.

O'Connell & Aronowitz, P.C., Albany, N.Y., for defendants; Salvatore D. Ferlazzo, of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

Presently before the court is plaintiff's claim pursuant to 42 U.S.C. § 1983 that she and her deceased husband were deprived of due process when defendant James Fehr, as Superintendent of Highways, allegedly ordered the road crew of defendant Town of Plattekill to widen a road bordering the Krmencik's property by taking a strip of their property approximately 8 to 12 feet wide and 275 feet...

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