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IDYLWOODS ASSOCIATES v. MADER CAPITAL, INC.

No. 91-CV-364S(F).

956 F.Supp. 421 (1997)

IDYLWOODS ASSOCIATES, and Kam, Inc., Plaintiffs, v. MADER CAPITAL, INC., Slate Bottom Creek Apartments, Inc., Marc Equity Partners I, Trustees of the Mader Construction Corporation Employees Profit Sharing Plan (formerly the Mader Corporation Employees Profit Sharing Plan), Witben Realty Corporation, Sereth Properties, Inc., Wolsher, Inc., Universal Marion Corporation, American Premier Underwriters, Inc., and Louis E. Wolfson, Defendants.

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

February 26, 1997.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY (Robert E. Glanville, of counsel), for Plaintiffs.

Duke, Holzman, Yaeger & Radlin, Buffalo, NY (Peter G. Ruppar, of counsel), for Mader Capital, Slate Bottom Creek Apartments, Marc Equity Partners, Trustees of Mader Profit Sharing Plan.

Periconi & Rothberg, P.C., New York City (James J. Periconi, of counsel), for American Premier Underwriters.

Harter, Secrest & Emery, Buffalo, NY (Craig A. Slater, of counsel), for Witben Realty, Sereth Properties, Wolsher, Inc., and Universal Marion Corp.

Connors & Vilardo, Buffalo, NY (Lawrence J. Vilardo, of counsel), for Louis E. Wolfson.

Williams & Connolly, Washington, D.C. (Steven M. Umin, Dane H. Butswinkas, of counsel), for Louis E. Wolfson.

DECISION and ORDER

FOSCHIO, United States Magistrate Judge.

JURISDICTION

The parties to this matter executed a consent to proceed before the undersigned on Defendants' summary judgment motions on March 6, 1995. The matter is presently before the court on Defendants Witben and Universal Marion's motion to amend the court's Decision and Order of February 16, 1996 to certify legal issues for interlocutory appeal to the United States...

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