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SUTTON v. U.S. DEPT. OF TRANSP.

No. 1930, Docket 94-6085.

38 F.3d 621 (1994)

Paul R. SUTTON; Doris H. Sutton; Elwin Henderson; Robert Henderson; and Bernard S. Fullagar, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF TRANSPORTATION; Federal Aviation Administration; Philip Brito, as Manager of the New York Airports District Office of the FAA; Louis P. Derose, Manager of the Airports Division of the FAA Eastern Region; the County of Yates, New York; the Yates County Legislature; and the Chairman of the Yates County Legislature, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 6, 1994.

Filed October 24, 1994.

Attorney(s) appearing for the Case

Anthony J. Adams, Jr., Davidson, Fink, Cook & Gates, Rochester, NY, for plaintiffs-appellants.

Richard A. Palumbo, Boylan, Brown, Code, Fowler & Wilson, Rochester, NY, for defendant-appellee Yates County.

Anne Van Graafeiland, Asst. U.S. Atty., W.D.N.Y., Rochester, NY (Patrick H. NeMoyer, U.S. Atty., W.D.N.Y., on the brief), for federal defendants-appellees.

Before: ALTIMARI, WALKER, and McLAUGHLIN, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiffs-appellants Paul R. Sutton, Doris H. Sutton, Elwin Henderson, Robert Henderson, and Bernard S. Fullager (the "Plaintiffs") appeal from a judgment of the United States District Court for the Western District of New York (Telesca, C.J.) granting defendants-appellees' motions to dismiss the Plaintiffs' complaint for lack of subject matter jurisdiction pursuant to 49 U.S.C.App. § 1486(a). The complaint sought declaratory...

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