SAN FILIPPO v. U.S. TRUST CO. OF NEW YORK, INC.

Nos. 487, 488, Dockets 82-7355, 82-3033.

737 F.2d 246 (1984)

Augustin J. SAN FILIPPO, Plaintiff-Appellee, v. U.S. TRUST COMPANY OF NEW YORK, INC., J. Gregory Van Schaack and Bruce P. Dennen, Defendants-Appellants, Hon. Robert M. Morgenthau, District Attorney for the County of New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 14, 1984.


Attorney(s) appearing for the Case

Roger P. McTiernan, New York City (Barry, McTiernan & Moore, New York City, Michael F. Close, New York City, of counsel), for defendants-appellants.

Alfred S. Julien, New York City (Julien, Schlesinger & Finz, P.C., David B. Turret, New York City, of counsel), for plaintiff-appellee.

Ronald G. Blum, Asst. Dist. Atty. for the County of New York, New York City (Robert M. Morgenthau, Dist. Atty. for the County of New York, Mark Dwyer, Asst. Dist. Atty., New York City, of counsel), for appellee.

Before LUMBARD and VAN GRAAFEILAND, Circuit Judges.


LUMBARD, Circuit Judge.

Augustin San Filippo, invoking federal jurisdiction under 42 U.S.C. § 1983, brought suit in the Southern District against United States Trust Company of New York, Inc. (U.S. Trust), and two of its officers, J. Gregory Van Schaack and Bruce P. Dennen, alleging that they conspired with Matthew Crosson, an Assistant District Attorney (A.D.A.) of New York County, to deprive San Filippo of his civil...

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