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DIAMOND D CONST. v. N.Y. DEPT. OF LABOR

No. 00-CV-335C.

142 F.Supp.2d 377 (2001)

DIAMOND "D" CONSTRUCTION CORP., Plaintiff, v. NEW YORK STATE DEPARTMENT OF LABOR ("DOL") BUREAU OF PUBLIC WORKS; James J. McGowan, Commissioner of Labor of the State of New York; Department of Audit and Control, State of New York; Michael O'Connell, Department of Audit and Control, State of New York; County of Erie; Nancy Naples, Erie County Comptroller; Ronald Kinn, Individually and in His Capacity as Public Work Wage Investigator Employed By the DOL; Dale Stanley, Individually and in His Capacity as an Employee of the DOL; Brian Robison, Individually and in His Capacity as Senior Public Wage Investigator Employed By the DOL; Defendants.

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

January 5, 2001.

Attorney(s) appearing for the Case

Napier, Fitzgerald & Kirby (Brian P. Fitzgerald, of Counsel), Buffalo, NY, Killeen & Killeen LLP (Henry W. Killeen, III, of Counsel), Orchard Park, NY, for Plaintiff.

Eliot Spitzer, Attorney General of the State of New York (Pico Paul Ben-Amotz, Assistant Attorney General, of Counsel), New York City, for Defendant New York State Department of Labor.

Frederick A. Wolf, Erie County Attorney (George Michael Zimmermann, Assistant County Attorney, of Counsel), Buffalo, NY, for Defendant Erie County.

INTRODUCTION

CURTIN, District Judge.

By a complaint filed April 21, 2000, plaintiff Diamond "D" Construction Corp. commenced this section 1983 action against the New York State Department of Labor ("the DOL"); James J. McGowan, the DOL's Commissioner ("the Commissioner"); Michael O'Connell, a supervisor with the New York State Comptroller's Office ("O'Connell"); Erie County; Nancy Naples, the Erie County Comptroller...

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