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LONG ISLAND BD. v. INC. VILLAGE OF MASSAPEQUA

No. 01-7329.

277 F.3d 622 (2002)

LONG ISLAND BOARD OF REALTORS, INC., Plaintiff-Appellant, v. INCORPORATED VILLAGE OF MASSAPEQUA PARK, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided: January 24, 2002.

Attorney(s) appearing for the Case

Howard W. Goldson, Melville, N.Y. (Goldson, Nolan Associates, of counsel), for Plaintiff-Appellant.

John M. Spellman, Garden City, N.Y. (Spellman Walsh Rice Schure & Markus, LLP, of counsel), for Defendant-Appellee.

(Laurene K. Janik, Ralph W. Holmen, Finley P. Maxson, National Association of Realtors, Chicago, IL), for Amicus Curiae in support of Plaintiff-Appellant.

Before: FEINBERG, OAKES and F.I. PARKER, Circuit Judges.

OAKES, Senior Circuit Judge.

Plaintiff-appellant Long Island Board of Realtors ("the Board") appeals from a judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge. The court denied the Board's motion for summary judgment, granted defendant Incorporated Village of Massapequa Park's ("the Village") cross-motion for summary judgment, and dismissed the Board's complaint. The district court found that the Village...

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