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BARTEL DENTAL BOOKS CO., INC. v. SCHULTZ

No. 579, Docket 85-7754.

786 F.2d 486 (1986)

BARTEL DENTAL BOOKS CO., INC. and Mapleton House Books, Inc., Plaintiffs-Appellants, v. Peter J. SCHULTZ, Dormitory Authority of the State of New York, Valiant Rigging & Transportation, Inc., Edward A. Pichler, Sheriff of the City of New York and New York Piggyback Warehouse, Inc., Defendants, Peter J. Schultz, Dormitory Authority of the State of New York and Edward A. Pichler, Sheriff of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Michael Rikon, New York City (Rudick and Rikon, New York City, of counsel), for plaintiffs-appellants.

David E. Nachman, New York City (Martin Flumenbaum, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for defendants-appellees Peter J. Schultz and Dormitory Authority of the State of N.Y.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, Fay Leoussis, Barry P. Schwartz, Office of the Corp. Counsel of the City of New York, New York City, for Municipal appellee Pichler.

Before TIMBERS, MESKILL and PRATT, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from the grant of summary judgment by the United States District Court for the Eastern District of New York, Nickerson, J., after finding that (1) the claims of appellant Bartel Dental Books Co. (Bartel) under 42 U.S.C. § 1983 (1982) were frivolous because Bartel had previously released all of its claims against defendants, and (2) the claims of appellant Mapleton House Books, Inc. (Mapleton) were barred by the doctrines...

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