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RESOURCE N.E. OF LONG ISLAND v. TOWN OF BABYLON

No. CV 97-6945 ADS.

28 F.Supp.2d 786 (1998)

RESOURCE N.E. OF LONG ISLAND, INC., Verifacts Group, Inc. and Verifacts, Inc., Plaintiffs, v. THE TOWN OF BABYLON, Richard H. Schaffer, individually and as Supervisor of the Town of Babylon; Doug Jacob, individually and as Comptroller, Solid Waste Administrator and/or Finance Director of the Town of Babylon, and Ron Kluesener, individually and as Commissioner of Environmental Control for the Town of Babylon, Defendants.

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

November 30, 1998.

Attorney(s) appearing for the Case

Murray & McCann, Rockville Centre, NY (Joseph D. McCann, William J. Kelleher, III, of counsel), for the plaintiffs.

John F. Carman, Garden City, NY, for defendant Ronald Kluesener.

William D. Wexler, North Babylon, NY, for defendant Doug Jacob.

Nixon, Hargrave, Devans & Doyle, Garden City, NY (Frank L. Amoroso, of counsel), for defendants Town of Babylon and Richard H. Schaffer.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The plaintiffs' Complaint alleges violations of the Racketeer Influenced and Corrupt Organization Act ("RICO"), 18 U.S.C. § 1962, 42 U.S.C. § 1983 and a state law cause of action for common law fraud, all stemming from commercial garbage collection and disposal in the Town of Babylon. These claims arise from an alleged conspiracy by dishonest Town officials to award a lucrative, exclusive...

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