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HBP ASSOCIATES v. MARSH

No. 94 CV 8146 (BDP).

893 F.Supp. 271 (1995)

HBP ASSOCIATES, Plaintiff, v. Langdon MARSH, as Commissioner of NYS DEC, Jean-Ann McGrane, as Regional Director, Region III, New York State DEC, County of Orange and Orange County Sewer District No. 1, Defendants.

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

July 21, 1995.

Attorney(s) appearing for the Case

Ben Gailey, Jacobwitz & Gubits, Walden, NY, for plaintiff.

Thomas J. Cione, Orange County Dept. of Law, Goshen, NY, for defendant County of Orange.

Maria Semidei Otero, NYS Dept. of Law, New York City, for New York State and NYS Dept. of Environmental Conservation.

MEMORANDUM DECISION

PARKER, District Judge.

FACTS

This action seeking declaratory, injunctive and monetary relief for the violation of civil rights, pursuant to 42 U.S.C. § 1983, is before this Court on Defendants' motions to dismiss. The Defendants, County of Orange and Orange County Sewer District No. 1 ("the County") and Langdon Marsh and Jean-Ann McGrane ("the State"), move to dismiss pursuant to 12(b)(1) for lack of subject matter jurisdiction...

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