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BENJAMIN v. TOWN OF FENTON

Civ. No. 94-CV-1631 (FJS).

892 F.Supp. 64 (1995)

Murray P. BENJAMIN, Plaintiff, v. The TOWN OF FENTON, Donald J. Grunder as Town Supervisor, Louise Martin, John Broderick, William Smith and Edward Banks, as Town Councilmen, Defendants.

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

July 7, 1995.

Attorney(s) appearing for the Case

Coughlin & Gerhart, Binghamton, NY (Paul J. Sweeney, of counsel), for plaintiff.

Hinman, Howard & Kattell, Binghamton, NY (Albert J. Millus, Jr., of counsel), for defendants.

DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

Presently before the Court are plaintiff's and defendants' cross-motions for summary judgment arising out of an Article 78 petition filed in the New York State Supreme Court, Broome County. The Article 78 petition alleged various state procedural violations and also purported to allege federal and state Constitutional violations. Defendants...

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