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UNIQUE MEDIUM, LLC v. TOWN OF PERTH

No. 1:02-CV-1534(FJS/DRH).

309 F.Supp.2d 338 (2004)

UNIQUE MEDIUM, LLC d/b/a/ Fantasy Island, Jonathan D. Milks and Frederick Leonardi, Plaintiffs, v. TOWN OF PERTH, Defendant.

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

March 12, 2004.

Attorney(s) appearing for the Case

Law Office of David Brickman (David Brickman, Esq., of Counsel), Albany, NY, for Plaintiffs.

Ryan & Smallacombe, PLLC (Claudia A. Ryan, Esq., of Counsel), Albany, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiffs' complaint, pursuant to 42 U.S.C. §§ 1983 and 1985, alleges violation of the First, Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments to the United States Constitution. Presently before the Court are Plaintiffs' motion for a preliminary injunction and Defendant's motion for dismissal of the complaint.

II. BACKGROUND

Plaintiff Unique Medium...

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