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DANNY'S CONST. CO., INC. v. BIRDAIR, INC.

No. 00-CV-0064C(SR).

136 F.Supp.2d 134 (2000)

DANNY'S CONSTRUCTION COMPANY, INC., Plaintiff, v. BIRDAIR, INC., Defendant.

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

September 28, 2000.

Attorney(s) appearing for the Case

Brown & Kelly, LLP (Frederick D. Turner, of counsel), Buffalo, NY, for plaintiff.

Saperston & Day, P.C. (William A. Lundquist, James P. Domagalski, of counsel), Buffalo, NY, for defendant.

INTRODUCTION

CURTIN, District Judge.

On January 19, 2000, plaintiff Danny's Construction Company, Inc. ("DCCI") commenced the present action against defendant Birdair, Inc. ("Birdair") and asked that the court "temporarily and permanently" enjoin the arbitration that Birdair has recently demanded of DCCI. Item 1, p. 9 (Complaint). Immediately after filing its complaint, DCCI filed motions for a preliminary injunction and summary judgment. Item 2. By its...

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