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COUNTY OF MONROE v. STATE OF FLA.

No. 738, Dockets 79-7745, 81-7229.

678 F.2d 1124 (1982)

COUNTY OF MONROE, Plaintiff-Appellant, v. STATE OF FLORIDA and State of New York, Defendants-Appellees, and Metropolitan Dade County, Florida, Defendant.

United States Court of Appeals, Second Circuit.

Decided May 4, 1982.

Attorney(s) appearing for the Case

Nira T. Kermisch, Rochester, N. Y. (John D. Doyle, County Atty., Monroe County, Rochester, N. Y., of counsel), for plaintiff-appellant.

Martin S. Friedman, Asst. Atty. Gen., Tallahassee, Fla. (Jim Smith, Atty. Gen. of State of Fla., Tallahassee, Fla., of counsel), for appellee State of Fla.

William J. Kogan, Asst. Sol. Gen., Albany, N. Y. (Robert Abrams, Atty. Gen. of State of N. Y., Jeremiah Jochnowitz, Asst. Sol. Gen., Albany, N. Y.), for appellee State of N. Y.

Before MANSFIELD, NEWMAN, Circuit Judges, and SIFTON, District Judge.

MANSFIELD, Circuit Judge:

The County of Monroe in the State of New York appeals from an order of the District Court for the Western District of New York, entered by the late Judge Harold P. Burke, dismissing for lack of jurisdiction the County's claims against the states of Florida and New York for the recovery of expenses incurred by the County in apprehending, holding and extraditing a fugitive from the State of Florida. The district court dismissed the action against...

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