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CODY, INC. v. TOWN OF WOODBURY

No. 97 CIV. 8615 CLB.

8 F.Supp.2d 340 (1998)

CODY, INC., on its own behalf and on behalf of its Directors and Members, Plaintiffs, v. TOWN OF WOODBURY, et al., Defendants.

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

June 11, 1998.

Attorney(s) appearing for the Case

Stephen Bergstein, Michael H. Sussman — Law Office, Goshen, NY, for plaintiff.

David Posner, McCabe & Mack, Poughkeepsie, NY, for defendant.

MEMORANDUM & ORDER

BRIEANT, District Judge.

Before this Court for decision is a motion by the remaining defendants, heard and fully submitted on June 5, 1998, to dismiss the complaint in this case alleging discriminatory administration of the property taxes in the Town of Woodbury for "lack of [subject matter] jurisdiction," pursuant to Rule 12(b)(1) F.R.Civ.P. Because the complaint is introduced by the allegation that "it arises under the Equal...

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