COUNTY OF SUFFOLK, a municipal corporation, Robert Alcorn, Christopher S. George, Fred Harrison, Peter Maniscalco, William P. Quinn, and Custom Extruders, Inc., Plaintiffs,
v.
LONG ISLAND LIGHTING COMPANY, Stone & Webster Engineering Company, Charles R. Pierce, Wilfred O. Uhl, Charles J. Davis, and Andrew W. Wofford, Defendants.
United States District Court, E.D. New York.https://leagle.com/images/logo.png
February 11, 1989.
As Amended April 14, 1989.
Attorney(s) appearing for the Case
Hill, Betts & Nash by Bernard Persky, Kenneth F. McCallion, Gregory W. O'Neill, James W. Johnson and Lawrence P. Kolker, New York City, E. Thomas Boyle, County Atty. of Suffolk County, Hauppauge, N.Y., and Kirkpatrick & Lockhart by Lawrence Coe Lanpher and Karla Letsche, Washington, D.C., for plaintiff Suffolk County.
Vladeck, Waldman, Elias & Engelhard by Judith P. Vladeck, Karen Honeycutt and Julian Birnbaum, New York City, for Individual Ratepayer plaintiffs.
Bower & Gardner by James D. Harmon, Jr. and Michael Eng, New York City, for U.S.
Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano by George J. Farrell and Delores Freidrich, Uniondale, N.Y., and Edward T. O'Brien, County Atty. of Nassau County, Mineola, N.Y., for Proposed intervenor County of Nassau.
Peter L. Zimroth, Corp. Counsel of City of New York (Peter Lehner, of counsel), New York City, for Proposed intervenor City of New York.
Reilly, Like & Schneider by Irving Like, Babylon, N.Y., and Flower & Plotka, by Edward Flower, Bay Shore, N.Y., for plaintiff Custom Extruders, Inc. and Proposed intervenors Business Ratepayer plaintiffs.
Marilyn A. Marlek, Bethpage, N.Y., for Proposed intervenor Grumman Corp.
Leibowitz & Peterson by Ira Leibowitz, Garden City, N.Y., for Proposed intervenor Long Island Ass'n.
Lewis & Greer by Lou Lewis, Poughkeepsie, N.Y., for Proposed intervenor Shoreham-Wading River Cent. School Dist.
Shea & Gould by Michael Lesch, Ronald H. Alenstein and John G. Nicolich, New York City, for the Individual defendants.
Susan E. Silverman, Hicksville, N.Y., for defendant Long Island Lighting Co.
Mudge Rose Guthrie Alexander & Ferdon by Laurence V. Senn, Jr., New York City, for defendant Stone & Webster Engineering.
Robert Abrams, New York City, New York State Atty. General's Office, New York City.
United States District Court, E.D. New York.
AMENDED MEMORANDUM AND ORDER
APPLICATION OF RICO
WEINSTEIN, District Judge:
TABLE OF CONTENTS
I. PROCEDURAL BACKGROUND
II. EQUITABLE DEFENSE AND FIRST AMENDMENT
III. SUFFOLK COUNTY'S CLAIMS
A. Motions for Judgment Notwithstanding the Verdict and a New Trial
1. Sufficiency of the Evidence
2. Res Judicata
3. Primary Jurisdiction
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