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WHITMIER & FERRIS v. BUFFALO

89 A.D.2d 447 (1982)

Whitmier & Ferris Co., Inc., Appellant, v. City of Buffalo et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 9, 1982

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (Daniel R. McDonald of counsel), for appellant.

Joseph P. McNamara (Anthony C. Vaccaro of counsel), for respondents.

DILLON, P. J., CALLAHAN, BOOMER and SCHNEPP, JJ., concur.

DENMAN, J.

We must determine whether Congress, in enacting the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub L 91-646, US Code, tit 42, § 4601 et seq.), intended to provide a private right of action for redress of State violations of the Federal land acquisition policies provided therein. Examination of the legislative history and applicable Federal law leads us to conclude that a limited right of action...

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