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GARY D. PEAKE EXCAVATING v. TOWN BD. OF HANCOCK

No. 1746, Docket 95-9280.

93 F.3d 68 (1996)

GARY D. PEAKE EXCAVATING INC., a New York Corporation; Gary D. Peake, Plaintiffs-Appellants, v. TOWN BOARD OF THE TOWN OF HANCOCK, a Municipal Corporation and Political Subdivision of the State of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 22, 1996.

Attorney(s) appearing for the Case

Thomas S. West, LeBoeuf, Lamb, Greene & MacRae, L.L.P., Albany, N.Y. (Michael S. Elder, Goodwin, Procter & Hoar, Albany, NY, of counsel), for Plaintiffs-Appellants.

John Hudanich, Hartjen & Hudanich, Johnson City, NY, for Defendant-Appellee.

Before: MINER, JACOBS and PARKER, Circuit Judges.

MINER, Circuit Judge:

Plaintiffs-appellants Gary D. Peake Excavating, Inc. and Gary D. Peake (together, the "Plaintiffs") appeal from a judgment entered in the United States District Court for the Northern District of New York (McAvoy, Ch. J.) granting in part their motion for summary judgment and granting in part the motion for summary judgment of defendant-appellee Town Board of the Town of Hancock. The district court determined that Section 5 of Local Law No. 1...

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