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SCHIAVONE CONST. CO. v. MEROLA

No. 1190, Docket 88-7162.

848 F.2d 43 (1988)

SCHIAVONE CONSTRUCTION CO., a New Jersey Corporation, Plaintiff-Appellant, v. Tulia MEROLA, as Administratrix of the Estate of Mario Merola; and the District Attorney for the County of the Bronx, New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1988.

Attorney(s) appearing for the Case

Theodore W. Geiser, Roseland, N.J., for plaintiff-appellant.

Alan G. Krams, New York City, Asst. Corp. Counsel (Peter L. Zimroth, Corp. Counsel, Leonard Koerner, Fay Leoussis, Asst. Corp. Counsels, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, NEWMAN and PRATT, Circuit Judges.

PER CURIAM:

Plaintiff appeals from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, J., dismissing plaintiff's complaint brought under 42 U.S.C. § 1983 and holding that plaintiff's acquittal in the underlying criminal proceedings precluded recovery of the extra expenses borne by plaintiff in its efforts to neutralize defendant's prejudicial pretrial statements. The...

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