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HERBERT F. DARLING, INC. v. BECK

No. Civ. 77-517.

442 F.Supp. 978 (1977)

HERBERT F. DARLING, INC., Plaintiff, v. Eckardt C. BECK, Regional Administrator, Region II, United States Environmental Protection Agency, Town of Cheektowaga, New York State Department of Environmental Conservation, and Amadori Construction Company, Inc., Defendants.

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

October 12, 1977.

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach, Buffalo, N. Y. (Frederick D. Turner, Buffalo, N. Y., of counsel), for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (C. Donald O'Connor, Buffalo, N. Y., of counsel), for defendant Eckardt C. Beck, Regional Administrator.

John V. Rogowski, Buffalo, N. Y., for defendant Town of Cheektowaga.

Louis Lefkowitz, Atty. Gen., New York City (Maryann Freedman, Buffalo, N. Y., of counsel), for defendant N.Y.S. Dept. of Environmental Conservation.

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y. (Evan James, Buffalo, N. Y., of counsel), for defendant Amadori.

CURTIN, Chief Judge.

In this case, the plaintiff, Herbert F. Darling, Inc. (Darling), challenges the Town of Cheektowaga's decision to award a federally funded construction contract to Amadori Construction Co., Inc. (Amadori), claiming that Darling was the low bidder on the contract. Darling has moved to preliminarily enjoin the Town and Amadori from proceeding with the contract, and the defendants have responded by moving for summary judgment.

In accordance...

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