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DIAMOND "D" CONST. CORP. v. NEW YORK STATE DEPT.

No. 00-CV-335C.

110 F.Supp.2d 200 (2000)

DIAMOND "D" CONSTRUCTION CORP., Plaintiff, v. NEW YORK STATE DEPARTMENT OF LABOR ("DOL") BUREAU OF PUBLIC WORKS; James J. McGowan, Commissioner of Labor of the State of New York; Department of Audit and Control, State of New York; Michael O'Connell, Department of Audit and Control, State of New York; County of Erie; Nancy Naples, Erie County Comptroller; Ronald Kinn, Individually and in his Capacity as Public Work Wage Investigator Employed by the DOL; Dale Stanley, Individually and in his Capacity as an Employee of the DOL; Brian Robison, Individually and in his Capacity as Senior Public Wage Investigator Employed by the DOL; Defendants.

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

August 17, 2000.

Attorney(s) appearing for the Case

Killeen & Killeen LLP (Henry W. Killeen, III, of counsel), Orchard Park, NY, Napier, Fitzgerald & Kirby (Brian P. Fitzgerald, of counsel), Buffalo, NY, for plaintiff.

Eliot Spitzer, Attorney General of State of New York (Pico Paul Ben-Amotz, Assistant Attorney General, of counsel), New York City, for defendant New York State Dept. of Labor.

Frederick A. Wolf, Erie County Attorney (George Michael Zimmermann, Assistant County Attorney, of counsel), Buffalo, NY, for defendant Erie County.

DECISION and ORDER

CURTIN, District Judge.

INTRODUCTION

By an order dated June 29, 2000 ("prior order"), the court denied plaintiff Diamond D's motion for a preliminary injunction. Item 34; Diamond "D" Const. Corp. v. New York State Dept. of Labor, 105 F.Supp.2d 167 (W.D.N.Y. 2000) ("Diamond "D" I"). On July 14, 2000, Diamond D timely filed the present motion for reconsideration pursuant to...

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