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BLAIS CONST. CO. v. HANOVER SQUARE ASSOCIATES-ONE

No. 87-CV-1511.

693 F.Supp. 1412 (1988)

BLAIS CONSTRUCTION CO., INC., on behalf of itself and all others similarly situated, Plaintiff, v. HANOVER SQUARE ASSOCIATES-ONE, Limited Partnership, Matthew Antell, General Partner; Matthew Antell, Individually, Task Associates-Two, Limited Partnership, Matthew Antell, General Partner; Niagara Mohawk Power Corporation; Dromin Realty Inc.; Yankee Bank for Finance and Savings, F.S.B., Eleven Realty Trust; Empire International; Old Colony Mortgage Company; Southwest Realty; First Massachusetts Corporation; Mirabito Insurance, Inc.; Bruce Penny, d/b/a Allied Electric Co., Inc., Defendants.

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

September 6, 1988.

Attorney(s) appearing for the Case

Menter Rudin & Trivelpiece (Gerald Mathews, of counsel), Syracuse, N.Y., for plaintiff.

Harris, Beach, Wilcox, Rubin & Levey (Bruce L. Maas, of counsel), Rochester, N.Y., for defendants Hanover Square-One, Antell, Task, Hanover Square-Two, Eleven Realty, Old Colony, Southwest Realty & First Massachusetts.

Melvin & Melvin (Roger W. Bradley, of counsel), Syracuse, N.Y., for defendant Niagara Mohawk.

Berger Gorin & Leuzzi (Edward E. Berger, of counsel), New York City, for defendant Dromin Realty.

D. Michael Tranum, Knoxville, Tenn., Hancock & Estabrook (Thomas Buckel, of counsel), Syracuse, N.Y., for FDIC.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

On August 12, 1988, this court heard oral argument with respect to the defendant, Federal Deposit Insurance Corporation's ("FDIC"), motion to dismiss for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1). After carefully considering the memoranda of law submitted by the various parties, and after hearing oral argument, the court has determined...

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