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M.O.C.H.A. SOCIETY, INC. v. CITY OF BUFFALO

No. 98-CV-99C.

272 F.Supp.2d 217 (2003)

M.O.C.H.A. SOCIETY, INC., et al., Plaintiffs, v. CITY OF BUFFALO, et al., Defendants.

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

July 7, 2003.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP (Thomas S. Gill, Esq., of Counsel), Buffalo, New York, for Plaintiffs.

Michael B. Risman, Corporation Counsel of the City of Buffalo (Matthew Van Vessem, Esq., Assistant Corporation Counsel, of Counsel), Hodgson Russ LLP (Kathleen M. Sellers, Esq., of Counsel), Buffalo, New York, for City of Buffalo Defendants.

Schwan Sammarco & Sammarco (W. James Schwan, Esq., of Counsel), Buffalo, New York, for Defendants Buffalo Professional Firefighters Association, Inc., Local 282, and Ronald Cassel.

Eliot Spitzer, Attorney General of the State of New York, (Ann C. Williams, Esq., Assistant Corporation Counsel, of Counsel), Buffalo, New York, for State of New York.

OPINION

CURTIN, District Judge.

Defendant City of Buffalo moves pursuant to Rule 14 of the Federal Rules of Civil Procedure for leave to implead the New York State Department of Civil Service and George C. Sinnott, Commissioner, as third-party defendants. Oral argument was heard by the court on June 13, 2003. For the reasons that follow, the City's motion is denied.

BACKGROUND

As discussed at length in this court's prior decisions...

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