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ROUNSEVILLE v. ZAHL

No. 89-CV-1020.

819 F.Supp. 1148 (1993)

Herbert W. ROUNSEVILLE and Robert Rounseville, Plaintiffs, v. Samuel ZAHL, Treva M. Way, Geoffrey P. Serata, and Hon. James W. Barrett, Richford Town Justice, Defendants.

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

April 15, 1993.

Attorney(s) appearing for the Case

Ronald R. Benjamin, Binghamton, NY, for plaintiffs.

William S. Friedlander, Friedlander, Friedlander, Reizes, Joch & Littman, P.C., Waverly, NY, for defendants Zahl, Way, and Serata.

Lawrence Knickerbocker, Cortland, NY, for defendant Barrett.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

Presently before the court is a motion by defendants Zahl, Way, and Serata for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, including a request pursuant to 42 U.S.C. § 1988 for costs and attorney's fees as the "prevailing party" in a 42 U.S.C. § 1983 action. Oral argument was heard on November 11, 1991 in Syracuse, New York. For the reasons stated below, the...

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