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WEST FARMS ASSOCIATES v. STATE TRAFFIC COM'N

No. 169, Docket 91-7460.

951 F.2d 469 (1991)

WEST FARMS ASSOCIATES, Plaintiff-Appellant, v. STATE TRAFFIC COMMISSION OF THE STATE OF CONNECTICUT; Emil H. Frankel; J. William Burns, Individually and as a Member of the State Traffic Commission of the State of Connecticut; Nicholas A. Cioffi; Bernard R. Sullivan, Individually and as a Member of the State Traffic Commission of the State of Connecticut; Louis S. Goldberg; Lawrence F. Delponte, Individually and as a Member of the State Traffic Commission of the State of Connecticut; the Department of Transportation of the State of Connecticut; Wilmorite, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 3, 1991.

Attorney(s) appearing for the Case

Neil Proto, Washington, D.C. (James F. Hibey, Frances C. DeLaurentis, Michael H. Tecklenburg, Verner, Liipfert, Bernhard, McPherson and Hand, Washington, D.C., James J. Perito, Susman, Duffy and Segaloff, New Haven, Conn., of counsel), for plaintiff-appellant.

George Finlayson, Asst. Atty. Gen., Hartford, Conn. (Richard Blumenthal, Atty. Gen., of the State of Conn., Hartford, Conn., of counsel), for defendants-appellees State Traffic Com'n; Dept. of Transp.; Emil H. Frankel, J. William Burns, Nicholas A. Cioffi, Bernard R. Sullivan, Louis S. Goldberg, and Lawrence F. Delponte.

Jeffrey J. Mirman, Farmington, Conn. (Peter B. Rustin, Tarlow, Levy & Droney, Farmington, Conn., of counsel), for defendant-appellee Wilmorite, Inc.

Before LUMBARD, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Plaintiff-appellant West Farms Associates ("West Farms"), owner of West Farms Mall, a shopping center, brought the instant action in the District of Connecticut, seeking declaratory and injunctive relief, pursuant to 42 U.S.C. § 1983 (1988), against various individuals, the State Traffic Commission of the State of Connecticut ("STC"), the Department of Transportation of the State of Connecticut ("DOT"), and Wilmorite, Inc. ("Wilmorite"...

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