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CAPITAL TELEPHONE CO. v. CITY OF SCHENECTADY, N.Y.

No. 82-CV-468.

560 F.Supp. 207 (1983)

CAPITAL TELEPHONE COMPANY, INC., Plaintiff, v. CITY OF SCHENECTADY, NEW YORK; City Council of the City of Schenectady, New York; Frank Duci, Individually and in his capacity as Mayor of the City of Schenectady, New York; Karen Johnson, David W. Roberts, Howard Carpenter, James Tedisco, Thomas Isabella, Thomas Mullen, Individually and in their capacity as Council Members of the City Council of the City of Schenectady, New York; Dom Gallo, Joseph Notar, Individually and in their capacity as former Council Members of the City Council of the City of Schenectady, New York, Defendants.

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

January 20, 1983.

Attorney(s) appearing for the Case

Roland & Fogel, Albany, N.Y., for plaintiff; Keith J. Roland, Albany, N.Y., of counsel.

Mead, Begley & Quinlan, Schenectady, N.Y., for all defendants; William J. Quinlan, Schenectady, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action is brought pursuant to the provisions of Sections 1 and 2 of the Sherman Anti-Trust Act, 15 U.S.C. §§ 1 and 2, and Section 1 of the Civil Rights Act of 1871, 42 U.S.C. § 1983. Plaintiff's claims arise out of the denial by defendants of plaintiff's application for a franchise to provide line telephone service in the City of Schenectady. The jurisdiction of this Court...

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