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EASTWAY CONST. CORP. v. CITY OF NEW YORK

Nos. 735, 1015, Docket 84-7752, 84-7786.

762 F.2d 243 (1985)

EASTWAY CONSTRUCTION CORP., George Jaffee, Irving H. Kanarek and Robert Jacobs, Plaintiffs-Appellants-Cross-Appellees, v. The CITY OF NEW YORK, Nathan Leventhal, individually and as Deputy Mayor of the City of New York, Anthony G. Gliedman, individually and as Commissioner of the New York City Department of Housing Preservation and Development, Charles Reiss, individually and as Deputy Commissioner of the New York City Office of Development, Defendants-Appellees-Cross-Appellants, and The Community Preservation Corporation, Michael Lappin, individually and as President of the Community Preservation Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 21, 1985.

Attorney(s) appearing for the Case

James L. LaRossa, New York City (LaRossa, Cooper, Axenfeld, Mitchell & Bergman, New York City, Burton S. Cooper, Thomas S. Finegan, Edward M. Chikofsky, New York City, of counsel), for plaintiffs-appellants-cross-appellees.

Fred Kolikoff, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of N.Y., New York City, Larry A. Sonnenshein, New York City, of counsel), for defendants-appellees-cross-appellants.

David B. Tulchin, New York City (Sullivan & Cromwell, New York City, Deborah C. Moritz, New York City, of counsel), for defendants-appellees.

Before KAUFMAN, OAKES and MESKILL, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

We are confronted today with an appeal by a general contracting firm which, frustrated by a series of setbacks, sought vindication and relief in the federal courts. Denied access to redevelopment projects sponsored or approved by the City of New York, it first sought to negotiate an amicable agreement with City officials. When the negotiations broke down, the contractor filed a petition in the courts of New York State challenging...

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