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STAUBER v. BROOKHAVEN NATIONAL LABORATORY

256 A.D.2d 570 (1998)

683 N.Y.S.2d 569

ROBERT STAUBER et al., Respondents, v. BROOKHAVEN NATIONAL LABORATORY et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 28, 1998.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.

In their original complaint, the plaintiffs alleged that the defendants Brookhaven National Laboratory and Associated Universities, Inc., are "the agents, servants, employees and representatives" of the United States Department of Energy, "duly authorized" by the United States Department of Energy to act in its behalf. In their...

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