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GIBBS-ALFANO v. BURTON

Docket No. 00-9553.

281 F.3d 12 (2002)

Kathleen GIBBS-ALFANO and Thomas Alfano, Plaintiffs, The Ossining Boat & Canoe Club, Inc., Defendant-Appellee, Raymond Perron, John J. D'Emidio, Peter Gendron, Elizabeth Feldman, Andrew Brown, Gary Schere and Michael Scarduzio, Defendants, v. William BURTON, Edward Wheeler, Sue Poverman, Michael O'Connor and Geoffrey Harter, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 31, 2002.

Attorney(s) appearing for the Case

Milton Thurm, Thurm & Heller, LLP, New York, NY, (Angelo Rios, of counsel), for Defendants-Appellants.

Clifford L. Davis, White Plains, NY, for Defendant-Appellee.

Before: MINER, McLAUGHLIN, and STRAUB, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This case presents the thorny issue whether New York and federal law permit town council members to obtain indemnification under a license agreement. They allegedly failed to investigate charges of racial discrimination levied against the town's licensee, a private "boat and canoe" club. Both the council members and the club, separately and without admitting liability, settled the claims against them in the underlying civil rights action...

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