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MARGAN v. NILES

No. 00-CV-1201.

250 F.Supp.2d 63 (2003)

Frank J. MARGAN, Tammy M. Margan, John M. Margan, and Doreen M. Margan, Individually, and as the Natural Parents and Guardians of Their Infant Children, "A" Margan and "E" Margan; Jeffrey Margan, Paul M. Mahan, Anthony Pellegrino, Eileen Pellegrino, Clark S. Louer and Mary Ellen Louer, Individually, and as the Natural Parents, and Guardians of Their Infant Children, "S" Louer, and "T" Louer; Michael Goguen, and Nancy Goguen, Plaintiffs, v. William P. NILES; Garth Russell Johnston; Keith McKenna, Individually, and as an Agent and/or Employee and Police Officer of the Town of Glenville; and the Town of Glenville, New York; Defendants.

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

March 18, 2003.

Attorney(s) appearing for the Case

Tobin and Dempf LLP (Kevin A. Luibrand, Esq., of counsel), Albany, NY, for Plaintiffs.

O'Connell & Aronowitz (Michael Louis Koenig, Esq., of counsel), Albany, NY, for Defendant William P. Niles.

Joseph F. Donnelly, Esq., Albany, NY, for Defendant Garth Russell Johnston.

Horigan, Horigan, Lombardo & Kelly, P.C. (Joseph D. Giannetti, Esq., of counsel), Amsterdam, NY, for Defendant Keith McKenna.

Petrone & Petrone, P.C. (David A. Bagley, Esq., Of Counsel), Utica, NY, for Defendant Town of Glenville.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

The plaintiffs' amended complaint asserts five causes of action: First—Violation of the Driver's Privacy Protection Act of 1994 ("DPPA"), 18 U.S.C. § 2721 et. seq.;

Second—Conspiracy to violate the DPPA; Third—Intentional infliction of emotional distress...

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