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CARRUTHERS v. FLAUM

No. 03 CIV.7768(CM).

365 F.Supp.2d 448 (2005)

D. Scott CARRUTHERS, Springhawk, LLC, and Summerhawk, LLC, Plaintiffs, v. David FLAUM, Flaum Management Company, Inc., Russell Galbut, 3D Associates, LLC, Stanley Gallant, Individually and as Assignee of ACB Pacific Reality, LLC, LJM Enterprises, LLC, as Assignee of ABC Pacific Realty, LLC, A.P. Equity, Inc., Ancestral Reclamation, LLC, Alan H. Young, individually, d/b/a Lindenbaum and Young, and as partner in Lindenbaum and Young, Lindenbaum and Young, Charles Petri, County of Sullivan Industrial Development Agency, and Gene Barbanti, individually and d/b/a The Barbanti Group Real Estate, Defendants.

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

March 31, 2005.

Attorney(s) appearing for the Case

Peter D. Grubea, Buffalo, NY, for Plaintiffs.

Joshua E. Kimmerling, Cuddy & Feder & Worby LLP, White Plains, NY, Gerald Orseck, Orseck Law Offices, Liberty, NY, Benjamin Ostrer, Attorney at Law, Chester, NY, Tara C. Fappiano, Ohrenstein & Brown, L.L.P., New York, NY, for Defendants.

DECISION AND ORDER

McMAHON, District Judge.

This is a case about a misguided effort to cash in on the as-yet unrealized boomlet in casino gambling in Sullivan County.

The Unkechaug Indian Nation want to open gaming facilities at one or more sites in Sullivan County and have sought land of suitable geographic location and ancestral connection. (Cplt.¶ 25.) The tribe (about which the complaint says almost nothing) has been recognized by the State...

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