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TOWN OF NEW CASTLE v. YONKERS CONTRACTING CO.

Nos. 88 Civ. 2952(CES), 90 Civ. 3779(CES).

796 F.Supp. 112 (1992)

TOWN OF NEW CASTLE, Plaintiff, v. YONKERS CONTRACTING COMPANY, INC., et al., Defendants. STATE OF NEW YORK, et al., Plaintiffs, v. YONKERS CONTRACTING COMPANY, INC., et al., Defendants.

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

July 28, 1992.

Attorney(s) appearing for the Case

Richard Kilsheimer, Kaplan & Kilsheimer, New York City, for plaintiff.

Michael S. Washor, New York City, for defendants.

MEMORANDUM DECISION

STEWART, District Judge:

Defendant Joan Nigro, the Executrix of the Estate of Peter Nigro ("the Executrix"), moves to dismiss the complaints in the above-entitled actions because the death of Peter Nigro terminated the claims under Section 1 of the Sherman Act, 15 U.S.C. § 1, and under the Donnelly Act, § 340 of the New York General Business Law. In the alternative, the Executrix argues that the plaintiffs should only be entitled...

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