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COWAN v. WINDEYER

No. 92-CV-164.

795 F.Supp. 535 (1992)

Earl COWAN, Plaintiff, v. Kendal WINDEYER and Dorothy Windeyer, Defendants.

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

June 17, 1992.

Attorney(s) appearing for the Case

Alexander Lesyk, Chateaugay, N.Y., for plaintiff.

Hinman Straub Pigors & Manning, Albany, N.Y. (John D'Andrea, of counsel) and Burak & Anderson, Pro Hac Vice, for Burlington, Vt. (David Hyman, of counsel), for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

Plaintiff commenced this suit on December 24, 1991 in New York State Supreme Court, Franklin County, seeking a prescriptive easement or an easement by necessity through defendants' land in Chateaugay, New York. Defendants removed the case to this court pursuant to 28 U.S.C. § 1332(a)(2) (1988 & West Supp.1992) (diversity of citizenship). Plaintiff asserts that the removal was improper because this...

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