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MONTAUK BUS CO., INC. v. UTICA CITY SCHOOL DIST.

Civil Action No. 96CV1706(RSP/GJD).

30 F.Supp.2d 313 (1998)

MONTAUK BUS COMPANY, INC., Plaintiff, v. UTICA CITY SCHOOL DISTRICT; Board of Education of Utica City School District; Birnie Bus Service, Inc.; Central New York Coach Sales & Service, Inc., Defendants. Utica City School District; Board of Education of Utica City School District, Counter-Claimants, v. Montauk Bus Company, Inc., Counter-Defendant.

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

November 24, 1998.

Attorney(s) appearing for the Case

MacKenzie Smith Lewis Michell & Hughes, LLP, Syracuse, NY (Peter D. Carmen, of counsel), for Plaintiff-Counter-Defendant.

Gorman, Waszkiewicz, Gorman and Schmitt, Utica, NY (Bartle J. Gorman, Darryl B. Rahn, of counsel), for Defendant Birnie Bus Service, Inc.

Menter, Rudin and Trivelpiece, P.C., Syracuse, NY (Thomas J. Fucillo, Mitchell J. Katz, of counsel), for Defendant Central New York Coach Sales and Service, Inc.

Donald R. Gerace, Utica, NY, for Defendants-Counter-Claimants Utica City School Dist. and Board of Educ. of Utica City School Dist.

MEMORANDUM-DECISION AND ORDER

POOLER, District Judge.*

INTRODUCTION

Montauk Bus Company, Inc. ("Montauk"), brought this lawsuit pursuant to 42 U.S.C. § 1983 and New York state law, following the termination of its bus contract with the Utica City School District ("School District"). The School District and Board of Education of the Utica City School District ("Board of Education") moved to dismiss the amended complaint...

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