IDAHO POTATO COM'N v. M & M PRODUCE FARMS & SALES

Nos. 97 CIV. 8125(CLB), 98 CIV. 0681(CLB) and 98 CIV. 2934(CLB).

95 F.Supp.2d 150 (2000)

IDAHO POTATO COMMISSION, Plaintiff, v. M & M PRODUCE FARMS & SALES d/b/a M & M Produce, M & M Packaging, Inc., Matthew Rogowski, Mark Rogowski, John Doe No 1. Through Doe No. 100. Defendants. Hapco Farms, Inc., Plaintiff, v. Idaho Potato Commission, Defendant. Idaho Potato Commission, Plaintiff, v. Majestic Produce Corp., Majestic Produce Trucking Corp., Christine Richardson, Rita Strumph, Joseph Strumph, George Richardson, John Doe No 1. Through John Doe No. 100, Defendants. G & T Terminal Packaging Co., Inc., Intervenor, v. Idaho Potato Commission, Defendant.

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

April 26, 2000.


Attorney(s) appearing for the Case

David Zaslowsky, Baker & McKenzie, New York, State of Idaho Attorney General's Office, Boise, ID, for Plaintiff, Idaho Potato Commission.

M & M Produce Farms & Sales, d/b/a M & M Produce, M & M Packaging, Inc., Matthew Rogowski, Mark Rogowski, Majestic Produce Corp. Majestic Produce Trucking Corp., Christine Richardson, Rita Strumph, Joseph Strumph, George Richardson, for Paintiff Hapco Farms, Inc.

J. Joseph Bainton, Bainton McCarthy & Siegel, New York City, for Intervenor G & T Terminal Packaging Co., Inc.


MEMORANDUM & ORDER

BRIEANT, District Judge.

Before this Court for decision is the second motion by the Idaho Potato Commission, represented by the Attorney General of the State of Idaho, for relief under Rule 60(b) of the Federal Rules of Civil Procedure, representing the third attempt by the Idaho Potato Commission (hereinafter the "IPC") to assert Eleventh Amendment immunity.

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