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KNAUST v. CITY OF KINGSTON, N.Y.

Docket 97-6287.

157 F.3d 86 (1998)

Mark KNAUST, Barbara Knaust and Herman Karl Knaust, II, Plaintiffs-Appellants, v. THE CITY OF KINGSTON, New York, The City of Kingston Planning Board, The City of Kingston Local Development Corporation and The United States Department of Commerce, for and through the Economic Development Administration, Wilbur F. Hawkins, Deputy Assistant Secretary for Economic Development, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 4, 1998.

Attorney(s) appearing for the Case

John J. Privitera, McNamee, Lochner, Titus & Williams, Albany, New York, for Plaintiffs-Appellants.

Michael J. Moore, Ward, Sommer & Moore, LLC, Albany, New York (Richard Riseley, Dean S. Sommer and Deborah L. Jones, Ward, Sommer & Moore, LLC, Albany, New York, on the brief), for Defendants-Appellees The City of Kingston, City of Kingston Planning Board and City of Kingston Local Development Corporation.

Russell W. Craig, Special Assistant United States Attorney, Washington, DC (Thomas Maroney, United States Attorney for the Northern District of New York, Albany, New York), for Defendant-Appellee United States Department of Commerce.

Before: FEINBERG and WALKER, Circuit Judges, and SHADUR, Senior District Judge.

SHADUR, Senior District Judge.

Mark Knaust, Barbara Knaust and Herman Karl Knaust, II (collectively "Knausts") have taken an interlocutory appeal from the October 10, 1997 order of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., District Judge) that (1) denied Knausts' motion for a preliminary injunction, (2) denied Knausts' Fed.R.Civ.P. ("Rule") 56 motion for summary judgment on certain of their claims against...

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