FANALE v. ANDERSON

No. 478, Docket 34211.

427 F.2d 172 (1970)

John S. FANALE, Plaintiff-Appellant, v. Lennarth C. ANDERSON, Theodore Epping, Harvey Rosenbloom, John J. Kaleta, Frank N. Palma, Lloyd Jackson, Joseph Scardato, Raymond T. Masters, Charles W. Rogers and Theodore Pucher, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 27, 1970.


Attorney(s) appearing for the Case

John S. Fanale, pro se.

Brian J. Burroughs, Rochester, N. Y. (Charles L. Willis, Corp. Counsel of City of Rochester, of counsel), for appellees Anderson, Epping, Rosenbloom, Kaleta, Palma and Jackson.

Casper V. Baltensperger, Rochester, N. Y. (Nixon, Hargrave, Devans & Doyle, Rochester), for appellees Rogers and Pucher.

David A. Merkel, Rochester, N. Y. (Solomon, Ashworth, Merkel & Polozie, Rochester), on the brief, for appellees Scardato and Masters.

Before SMITH and ANDERSON, Circuit Judges, and BARTELS, District Judge.


PER CURIAM:

Appellant, embroiled with the owners and occupiers of real property adjacent to premises on which he was constructing a building to house a retail food store, was an unsuccessful litigant before two state tribunals, on a zoning ruling and a justice court conviction following an altercation. The zoning board of appeals upheld on conflicting testimony a stone selling and cutting business on the property adjacent to appellant's as a permitted use. This ruling...

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