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BOURQUE v. CITY OF YONKERS

Nos. 91 Civ. 6787 (LBS), 91 Civ. 7605 (LBS).

790 F.Supp. 486 (1992)

Eleanor G. BOURQUE, et al., Plaintiffs, v. The CITY OF YONKERS and Deluxe Development of New York, Inc., Defendants. (Two Cases)

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

May 18, 1992.

Attorney(s) appearing for the Case

Harold, Salant, Strassfield & Spielberg (Leonard I. Spielberg, of counsel), White Plains, N.Y., for plaintiffs.

Johnston, Barton, Proctor, Swedlaw & Naff (Raymond P. Fitzpatrick, Jr., of counsel), Birmingham, Ala., for defendant City of Yonkers.

Squadron, Ellenoff, Plesent & Lehrer (Joseph R. Gagliano, Jr., of counsel), New York City, for defendant Deluxe Development of New York, Inc.

OPINION

SAND, District Judge.

In these two cases, one of which has been removed from state court, 112 plaintiffs assert an entitlement to compensation because of an alleged taking of their rights under a restrictive covenant. This Court ruled that the state court case was properly removed to federal court. The two cases were thereafter consolidated with the consent of the parties. See Transcript proceedings, January 30, 1992 (hereafter "Tr."), p....

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