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OMEGA HOMES, INC. v. CITY OF BUFFALO, NY

No. 98-7785.

171 F.3d 755 (1999)

OMEGA HOMES, INC., Plaintiff-Appellant, v. CITY OF BUFFALO, NY, Anthony M. Masiello, individually and as Mayor of Defendant City of Buffalo, Alan DeLisle, individually and as Commissioner, Department of Community Redevelopment of Defendant City of Buffalo, MJ Peterson/Forbes Housing Co., Dennis J. Penman, President of Defendant MJ Peterson/Forbes Housing Co., James Management Corp., and James Anderson, President of Defendant James Management Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Wayne R. Gradl, Gradl Polowitz & Schwach, LLP, Buffalo, NY, for Appellant Omega Homes, Inc.

David R. Hayes, Assistant Corporation Counsel, Buffalo, N.Y. (Michael B. Risman, Corporation Counsel, of counsel), for Appellees City of Buffalo, NY, Anthony M. Masiello, and Alan DeLisle.

Bruce S. Zeftel, Saperston & Day, P.C., Buffalo, N.Y. (Gary L. Mucci, of counsel), for Appellees MJ Peterson/Forbes Housing Co. and Dennis J. Penman.

Laurence K. Rubin, Kavinoky & Cook, LLP, Buffalo, N.Y. (Marilyn A. Hochfield, of counsel), for Appellees James Management Corp. and James Anderson.

Before: CABRANES and STRAUB, Circuit Judges, and TSOUCALAS, Judge.

PER CURIAM:

Plaintiff Omega Homes, Inc. ("Omega") appeals from a judgment of the United States District Court for the Western District of New York (John T. Curtin, Judge) dismissing Omega's complaint, which alleged that federal and state antitrust statutes, as well as the New York State Constitution, were violated when the City of Buffalo granted, to two private developers, exclusive development rights in connection with an urban renewal project encompassing...

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