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DeFALCO v. DIRIE

No. 90 Civ. 5732 (BDP).

923 F.Supp. 473 (1996)

Joseph DeFALCO, Eleanor De Falco, Robert Brown, Janice Brown, Top of the World Estates, Inc., and Jobo Associates, Inc., Plaintiffs, v. William DIRIE, John Bernas, John Bernas, Inc., JML Quarries, Inc., V. Edward Curtis, Alfred Steppich, Richard Ferber, Terry Kelly, William C. Rosen and George Lahm, Defendants.

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

March 14, 1996.

Attorney(s) appearing for the Case

Robert Dembia, Levine & Dembia, New York City, for Plaintiffs.

James J. Harrington, James J. Harrington & Associates, New York City, for Defendant John Bernas.

David E. Worby, Patrick M. Reilly, White Plains, NY, for Defendants Alfred Steppich, Richard Ferber, Donald Meckle, Terry Kelly and Patrick Reilly.

Jack McBride, Goshen, NY, for Defendants.

PARKER, District Judge.

This case involves four claims comprising (1) RICO, (2) 42 U.S.C. § 1983, (3) conversion by extortion, and (4) Article 78, brought by Plaintiffs, real estate developers, against town officials and individuals in the Town of Delaware in Sullivan County, New York. Defendants have all made motions in connection with the RICO claim to either dismiss pursuant to Fed.R.Civ.P. 12(b)(6) or for summary

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