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H & S PLUMBING SUPPLIES v. BANCAMERICA COM. CORP.

No. 1247, Docket 87-7217.

830 F.2d 4 (1987)

H & S PLUMBING SUPPLIES, INC., and Bahia Mahmet Bin Chambi, Plaintiffs-Appellees, v. BANCAMERICA COMMERCIAL CORP., Defendant-Appellant, The State of New York, Intervenor.

United States Court of Appeals, Second Circuit.

Decided September 28, 1987.

Attorney(s) appearing for the Case

Charles B. Manuel, Jr., New York City (Thomas R. Stritter, James B. McKinney, Jr., Morgan, Lewis & Bockius, New York City, on the brief), for defendant-appellant.

Donald S. Snider, New York City (Gerald M. Levine, Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey, New York City, on the brief), for plaintiffs-appellees.

Christopher Keith Hall, Asst. Atty. Gen., New York City, for intervenor.

Before NEWMAN, MINER, and ALTIMARI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This purported appeal from an order of the District Court for the Southern District of New York (Kevin Thomas Duffy, Judge) seeks to have this Court rule that the notice of pendency provisions of New York law, N.Y.Civ.Prac.L. & R. §§ 6501 to 6515 (McKinney 1980), are unconstitutional. We conclude that the order is not appealable, and we therefore dismiss the appeal.

The dispute concerning the notice of pendency arises...

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