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INC. VILLAGE OF ROCKVILLE CTR. v. TOWN OF HEMPSTEAD

No. 98-9571.

196 F.3d 395 (1999)

INCORPORATED VILLAGE OF ROCKVILLE CENTRE; Incorporated Village of Atlantic Beach; Incorporated Village of East Rockaway; Incorporated Village of Floral Park; Incorporated Village of Garden City; Incorporated Village of Lynbrook, Plaintiffs-Counter-Defendants-Appellants, v. TOWN OF HEMPSTEAD; Town Board of the Town of Hempstead on behalf of the Town Refuse Disposal District, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 18, 1999.

Attorney(s) appearing for the Case

Peter J. Mastaglio, Cullen and Dykman, Garden City, N.Y., for Plaintiffs-Counter-Defendants-Appellants.

Sy Gruza, Beveridge & Diamond, P.C., New York, N.Y., for Defendants-Counter-Claimants-Appellees.

Before: CALABRESI, CABRANES, and SOTOMAYOR, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiffs-appellants, the incorporated Villages of Rockville Centre, Atlantic Beach, East Rockaway, Floral Park, Garden City, and Lynbrook (the "Villages"), appeal from that portion of the final judgment of the United States District Court for the Eastern District of New York (Hurley, Judge), entered November 9, 1998, which grants defendants' motion for summary judgment. We affirm.

BACKGROUND

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