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TC SYSTEMS, INC. v. TOWN OF COLONIE, NEW YORK

No. 1:00-CV-1972 FJS/RFT.

263 F.Supp.2d 471 (2003)

TC SYSTEMS, INC. and TELEPORT COMMUNICATIONS NEW YORK, Plaintiffs-Counter-Defendants, v. TOWN OF COLONIE, NEW YORK Defendant-Counter-Claimant.

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

May 16, 2003.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, Albany, Attorneys for Plaintiffs-Counter-Defendants, Neil L. Levine, Esq.

Cole, Raywid & Braverman, L.L.P., Washington, D.C., Attorneys for Plaintiffs-Counter-Defendants, Robert G. Scott, Jr., Esq, T. Scott Thompson, Esq.

Town of Colonie, Office of the Town Attorney, Newtonville, Attorneys for Defendant-Counter-Claimant, Danielle Demers, Esq.

Miller & Van Eaton, P.L.L.C, Washington, D.C, Attorneys for Defendant-Counter-Claimant, William Malone, Esq, Matthew C. Ames, Esq, Marci L. Frischkorn, Esq, of Counsel.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiffs-Counter-Defendants TC Systems, Inc. and Teleport Communications New York (collectively, "Plaintiffs" or "TCG") commenced this action on December 22, 2000, against Defendant^Counter-Claimant Town of Colonie, New York ("Defendant" or "the Town"), alleging that the Town's Local Law No. 13 of 1999 ("Local Law No. 13") and Draft Franchise Agreement ("Draft Franchise") violate...

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