No. 88-CV-923.

742 F.Supp. 49 (1990)

John A. BURKS, Sr., Trustee for Malone Trust, Plaintiff, v. EAGAN REAL ESTATE INC., Richard S. Maestri, Earl Rathbun and Thomas Swan, Defendants.

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

June 19, 1990.

Attorney(s) appearing for the Case

John A. Burks, Sr., Utica, N.Y., Trustee for Malone Trust plaintiff, pro se.

Hancock & Estabrook, David G. Linger, of counsel, Syracuse, N.Y., for defendants.


McCURN, Chief Judge.

Plaintiff John A. Burks, Sr. ("Burks"), individually and as trustee for Malone Trust, commenced this $30,000,000.00 law-suit against defendants Eagan Real Estate Inc. ("Eagan, Inc."), Richard S. Maestri ("Maestri"), Earl Rathbun ("Rathbun"), and Thomas Swan ("Swan") on August 31, 1988. Burks' complaint alleges that the defendants refused to negotiate or sell, and acted in concert in refusing to negotiate...

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