SCHIAVONE CONST. v. NEW YORK CITY TRANSIT AUTH.

No. 84 CIV 6462 (LBS).

593 F.Supp. 1257 (1984)

SCHIAVONE CONSTRUCTION CO., a New Jersey Corporation, and SIC, a Joint Venture, Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY; Elizabeth Dole, as Secretary of United States Department of Transportation; Jim M. Marquez, as General Counsel to the United States Department of Transportation; Mario Merola, as District Attorney for County of Bronx, New York; and Stephen R. Bookin, as Assistant District Attorney for County of Bronx, New York, Defendants.

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

September 25, 1984.


Attorney(s) appearing for the Case

Connell, Foley & Geiser, Newark, N.J., and Carter, Ledyard & Milburn, New York City, for plaintiffs; Theodore W. Geise, Newark, N.J., and Jack Kaplan, John A. Maher, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants Elizabeth Dole and Jim J. Marquez; Mary Ellen Kris, Asst. U.S. Atty., New York City, of counsel.

Stephen Kartagener, Asst. Dist. Atty., Bronx County, New York City, for defendants Stephen Bookin and Mario Merola.


OPINION

SAND, District Judge.

Plaintiffs have submitted an application for a temporary restraining order and an order to show cause for a preliminary injunction enjoining defendants Mario Merola, Bronx County District Attorney, and Stephen Bookin, Assistant District Attorney, from submitting to a New York State grand jury, for its consideration of possible indictment, matters relating to an allegedly false statement...

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