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OMEGA HOMES, INC. v. CITY OF BUFFALO, N.Y.

No. 97-CV-0680C(M).

4 F.Supp.2d 187 (1998)

OMEGA HOMES, INC., Plaintiff, v. CITY OF BUFFALO, NEW YORK; Anthony M. Masiello, individually and as Mayor of Defendant City of Buffalo; and Alan DeLisle, individually and as Commissioner, Department of Community Redevelopment of Defendant City of Buffalo; MJ Peterson/Forbes Housing Co., Dennis J. Penman, President of Defendant MJ Peterson/Forbes Housing Co.; James Management Corp. and James Anderson, President of Defendant James Management Corp., Defendants.

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

April 30, 1998.

Attorney(s) appearing for the Case

Gradl Polowitz & Schwach (Wayne R. Gradl, of counsel), Buffalo, NY, for Plaintiff.

Michael B. Risman, Corporation Counsel of the City of Buffalo (Michael B. Risman, and David R. Hayes, of counsel), Buffalo, NY, for Defendants City of Buffalo, Anthony M. Masiello, and Alan DeLisle.

Saperston & Day, P.C. (Bruce S. Zeftel, and Gary L. Mucci, of counsel), Buffalo, NY, for Defendants M.J. Peterson/Forbes Housing Co. and Dennis J. Penman.

Kavinoky & Cook, LLP (Laurence K. Rubin, and Jonathan H. Gardner, of counsel), Buffalo, NY, for Defendants James Management Corp. and James Anderson.

DECISION and ORDER

CURTIN, District Judge.

INTRODUCTION

Before the court are defendants' motions to dismiss plaintiff's complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1367 (Items 11, 14, 16). Plaintiff responded with an affidavit and a memorandum of law (items 25 and 26), and defendants filed reply briefs (Items 27, 28, 29). The parties appeared before the court on December...

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