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AKEY v. CLINTON COUNTY, N.Y.

Docket No. 03-7329.

375 F.3d 231 (2004)

Lucie AKEY, Harold Boyle, Marion Elder, Donald Favreau, Madeline Favreau, Lance Macomber and Christopher McDonald, Plaintiffs-Appellants, Albert Farbotko, Aleksandra Farbotko, John Farbotko, and a class of similarly situated persons, Eric Hunt and Kirk Lamberti, Plaintiffs, v. CLINTON COUNTY, NEW YORK, and William Bingel, in his official capacity as Clinton County Administrator, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 9, 2004.

Attorney(s) appearing for the Case

Mark A. Schneider, Plattsburgh, NY, for Plaintiffs-Appellants.

Robert A. Rausch, Albany, N.Y. (Maynard, O'Connor, Smith & Catalinotto, LLP, of counsel), for Defendants-Appellees.

Before: WALKER, Chief Judge, OAKES and KATZMANN, Circuit Judges.

Chief Judge JOHN M. WALKER, JR. dissents in a separate opinion.

OAKES, Senior Circuit Judge.

Appellants, property owners in Clinton County, New York, who had their properties foreclosed upon for failure to pay delinquent taxes, filed Proofs of Claim as potential class members in a class action against the County for violation of due process in failing to provide proper notice of the foreclosures. The United States...

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