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WESTMORELAND CAPITAL CORP. v. FINDLAY

No. 95-CV-308A.

916 F.Supp. 242 (1996)

WESTMORELAND CAPITAL CORPORATION, Joseph M. Jayson, and Judith P. Jayson, Petitioners, v. George D. FINDLAY, and John F. Joyce, Respondents.

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

February 14, 1996.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Robert J. Lane, Jr., Buffalo, NY, (Adam W. Perry, of counsel), for Petitioners.

Portnow, Little & Cicchetti, P.C., Burlington, VT (Samuel H. Press, of counsel1), for Respondents.

DECISION AND ORDER

FOSCHIO, United States Magistrate Judge.

JURISDICTION

The parties to this matter executed a consent to proceed before the undersigned on the pending motions to dismiss the complaint on February 13, 1996. The matter is presently before the court on Respondents' motion to dismiss the petition, dated July 27, 1995, and Petitioners' cross-motion for summary judgment, dated November 1, 1995.

BACKGROUND

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