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FERTILE LAND, LTD. v. BEAME

No. 77 Civ. 326 (HFW).

445 F.Supp. 548 (1977)

The FERTILE LAND, LTD., Plaintiff, v. Abraham BEAME, Harrison Goldin, Paul O'Dwyer, Percy Sutton, Howard Golden, Robert Abrams, Donald Manes, Robert Connor, Theodore Meekins, and Morris Tarshis, Defendants.

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

October 6, 1977.

Attorney(s) appearing for the Case

Dennis Grossman, New York City, for plaintiff.

W. Bernard Richland Corporation Counsel of the City of New York, New York City, for defendants; Alexander Gigante, Jr., Isaac Klepfish, Stephen P. Kramer, New York City, of counsel.

OPINION

WERKER, District Judge.

The plaintiff is a prospective licensee of a sidewalk cafe in New York City and brings this action for declaratory and injunctive relief under 42 U.S.C. § 1983 (1970) in order to correct claimed deprivations of its rights under the due process clause of the fourteenth amendment. Jurisdiction is alleged under 28 U.S.C. § 1343(3) (1970). The defendants are the members of the Board of Estimate (the "Board") of the City...

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