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BUILD OF BUFFALO, INC. v. SEDITA

No. 484, Docket 34886.

441 F.2d 284 (1971)

BUILD OF BUFFALO, INC., et al., Plaintiffs-Appellants, v. Frank A. SEDITA, as Mayor and Chief Executive of the City of Buffalo, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 13, 1971.

Attorney(s) appearing for the Case

Herman Schwartz, New York Civil Liberties Union, Buffalo, N. Y. (Richard Lipsitz, Edward I. Koren, Carmen Putrino, David Gerald Jay, Buffalo, N. Y., on the brief), for plaintiffs-appellants.

James J. McLoughlin, Buffalo, N. Y. (Anthony Manguso, Corporation Counsel, Buffalo, N. Y., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, KAUFMAN and ANDERSON, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This interlocutory appeal reaches us in an awkward procedural posture. On March 13, 1970, Judge Henderson dismissed plaintiffs' omnibus civil rights action (brought under 42 U.S.C. §§ 1981-1983, 1986, 1988-1990) as to three of many defendants for failure to state an actionable claim, F.R.Civ.P. 12(b) (6). The initial question is whether the order is appealable because it is undoubtedly not a final order, 28 U.S.C. §...

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