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MYERS v. COUNTY OF ORANGE

Nos. 97-9055, 97-9093.

157 F.3d 66 (1998)

Edward A. MYERS, DR., Plaintiff-Appellee, v. COUNTY OF ORANGE and City of Port Jervis, Defendants-Appellants, Francis D. Phillips, II, Joseph A. Duryea, Gary Horr, Michael Prieto and Michael Halloran, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 1, 1998.

Attorney(s) appearing for the Case

Richard B. Golden, County Attorney for Orange County, Goshen, New York, for Defendant-Appellant County of Orange.

Monte J. Rosenstein, Rosenstein, McKenna & Bonney, Middletown, New York, for Defendant-Appellant City of Port Jervis.

Robert N. Isseks (Alex Smith, on the brief), Middletown, New York, for Plaintiff-Appellee.

Before: OAKES, WALKER, and MAGILL, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

Defendants-appellants County of Orange and City of Port Jervis appeal from the August 18, 1997 judgment of the United States District Court for the Southern District of New York (Lisa M. Smith, Magistrate Judge), after a jury verdict, awarding plaintiff-appellee Dr. Edward A. Myers $375,000 against County of Orange and $200,000 against City of Port Jervis for their implementation of unconstitutional "first-come first-served...

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