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SEANER v. SCHIMKE

No. 94-CV-0095H.

919 F.Supp. 115 (1995)

Elizabeth SEANER, as Conservator of Wilfred Capell, and Millard Fillmore Hospital, Plaintiffs, v. Karen SCHIMKE, Deborah A. Merrifield, Kirk Peryea, Patricia Milton, Mary Jo Bane, Michael J. Dowling, Erie County, Defendants.

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

May 30, 1995.

Attorney(s) appearing for the Case

Chris T. Brunea, Buffalo, New York, for plaintiffs.

Howard B. Frank, Office of the County Attorney, Buffalo, New York, for defendants Schimke, Merrifield, Peryea, Milton & Erie County.

Dennis C. Vacco, Attorney General of the State of New York, Andrew Lipkind, Assistant Attorney General, Buffalo, New York, for Defendants Bane and Dowling.

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented, pursuant to 28 U.S.C. § 636(c), to have the undersigned conduct all further proceedings in this case, including entry of judgment. Pending before the court is plaintiffs' motion for summary judgment (Item 15). In response to plaintiffs' motion, defendants have moved for summary judgment (Items 20 & 25).

For the reasons set forth below, defendants' motions...

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