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GUTHRIE v. GENESEE CTY., N. Y.

No. Civ-79-142.

494 F.Supp. 950 (1980)

Will S. GUTHRIE, Walter C. Guthrie, Walter C. Guthrie, Jr., Guthrie Aircraft, Inc., Batavia Aviation, Inc., Plaintiffs, v. GENESEE COUNTY, NEW YORK, Prior Aviation Service, Inc., Defendants.

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

August 5, 1980.

Attorney(s) appearing for the Case

Dempsey & Dempsey, Buffalo, N. Y. (John M. Dempsey, Buffalo, N. Y., of counsel), for plaintiffs.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y. (Alexander C. Cordes and Paul K. Stecker, Buffalo, N. Y., of counsel), for defendant Genesee County.

Diebold & Millonzi, Buffalo, N. Y. (Edward J. Wagner, Buffalo, N. Y., of counsel), for defendant Prior Aviation Service, Inc.

CURTIN, Chief Judge.

This action relates to the operation of the Genesee County Airport which is located near Batavia, New York, and owned by Genesee County ["County"], one of the defendants. Presently before the court for decision are the motions to dismiss for failure to state a claim brought by the County and Prior Aviation Service, Inc. ["Prior"], the other defendant. For the purposes of these motions to dismiss under Rule 12(b)(6), the court must accept the plaintiffs...

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