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PROGRESSIVE TRANSP. SERVICES, INC. v. COUNTY OF ESSEX

No. 96-CV-1697.

999 F.Supp. 701 (1998)

PROGRESSIVE TRANSPORTATION SERVICES, INC., Plaintiff, v. COUNTY OF ESSEX, Clifford R. Donaldson, Jr., and James E. Pierce, Defendants.

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

April 3, 1998.

Attorney(s) appearing for the Case

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

Donohue, Sabo, Varley & Armstrong, Albany, NY (Kenneth Varley, of counsel), for Defendants.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

In this 42 U.S.C. section 1983 civil rights and state law breach of contract action both sides seek summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

I. BACKGROUND

Plaintiff Progressive Transportation Services, Inc. ("Progressive") provides, among other things, municipal transportation services for Medicaid recipients and handicapped individuals. In June 1995...

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