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VILLAGE OF WESTFIELD v. WELCH'S

Docket No. 98-7456.

170 F.3d 116 (1999)

VILLAGE OF WESTFIELD, N.Y., Plaintiff-Counter-Defendant-Appellee, v. WELCH'S, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 26, 1999.

Attorney(s) appearing for the Case

Alan M. Wishnoff, Buffalo, NY (Phillips, Lytle, Hitchcock, Blaine & Huber LLP, of counsel), for Defendant-Counter-Claimant-Appellant.

Cheryll Smith, Buffalo, NY (James L. Magavern, B. Kevin Burke, Jr., Law Student Assistant, Magavern, Magavern & Grimm, L.L.P., of counsel), for Plaintiff-Counter-Defendant-Appellee.

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

I. INTRODUCTION

OAKES, Senior Circuit Judge:

This action arises out of the Village of Westfield's calculation of "user charges," which are imposed against Welch Foods, Inc. to finance the operation and maintenance costs for the Village's Water Pollution Control Plant. The district court stayed this action because a pending proceeding in New York state court was also addressing the legality of the user charges. The sole question

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