Legal Opinion
Jemzura v. Public Service Commission
District Court, N.D. New York
Decided July 28, 1997No. 6:97-mj-00039PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
KAHN, District Judge.
I. BACKGROUND
Presently before the Court are two separately filed motions, one by defendant New York State Electric & Gas (“NYSEG”) and its counsel (Dianne M. Simpson and John Draghi), the other by Public Service Commission (“PSC”), its employees (John O’Mara, Catherine Dudley, Eugene Connell, and Cheryl Callahan). Both NYSEG and PSC seek to have plaintiffs 42 U.S.C. § 1983 claim dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) (hereinafter Fed. R.Civ.P.) or barred by the doctrine of res judicata. Moreover, both NYSEG and PSC seek…
2Cases cited22 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
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3Cited by4 opinions
- Thomason v. LehrerDistrict Court, D. New Jersey · 1998
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- Spickler v. LeeDistrict Court, D. Maine · 2002
- Spickler v. LeeCourt of Appeals for the First Circuit · 2003