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WARE v. CITY OF BUFFALO

No. 98-CV-0147C(M).

186 F.Supp.2d 324 (2001)

Robert E. WARE, Plaintiff, v. CITY OF BUFFALO; City of Buffalo, Department of Fire; Cornelius J. Keane, Individually and as Commissioner, Department of Fire; and John D. Sixt, Individually and as Deputy Commissioner, Department of Fire, Defendants.

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

June 26, 2001.

Attorney(s) appearing for the Case

Leigh E. Anderson, Esq., Buffalo, NY, for Plaintiff.

Michael B. Risman, Esq., Corporation Counsel of the City of Buffalo (Jeffrey E. Reed, Esq., Assistant Corporation Counsel, of Counsel), Buffalo, NY, for Defendants.

INTRODUCTION

CURTIN, District Judge.

On March 3, 1998, plaintiff Robert E. Ware ("Ware"), a Buffalo firefighter, brought this action, pursuant to 42 U.S.C. § 1983, the Fourteenth Amendment to the U.S. Constitution, Fed.R.Civ.P. 57, 28 U.S.C. §§ 2201, 1331, and 1343, and state law. Ware sought declaratory, monetary, and preliminary and permanent injunctive relief against defendants City of Buffalo; City of Buffalo Department of Fire ("Fire...

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