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BROWN v. COSTELLO

No. 93-CV-149.

905 F.Supp. 65 (1995)

Donald H. BROWN, John Markowicz and Paul Pushlar, Plaintiffs, v. Francis COSTELLO, Town of Fenner, Michael Larkin, Lynn Keator, and David Shephard, Defendants.

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

October 31, 1995.

Attorney(s) appearing for the Case

Donald H. Brown, Chittenango, NY, Plaintiff, pro se.

John Markowicz, Boukville, NY, Plaintiff, pro se.

Paul Pushlar, Cazenovia, NY, Plaintiff, pro se.

Sugarman, Wallace, Manheim & Schoenwald, Syracuse, NY, for Defendants; Paul M. Gonzalez, of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

INTRODUCTION

Plaintiffs, Donald Brown, John Markowicz and Paul Pushlar, commenced this suit on February 1, 1993, alleging that the Town of Fenner, Francis Costello, Lynn Keator, David Shephard, and Michael Larkin violated their constitutional rights.1 Specifically, plaintiffs assert that

[t]his is an action for damages to recover for property confiscated...

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