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BOROUGH OF WEST MIFFLIN v. LANCASTER

No. 94-3025.

45 F.3d 780 (1995)

BOROUGH OF WEST MIFFLIN and Wayne F. Evan, Petitioners, v. Gary L. LANCASTER, United States District Judge, United States District Court for the Western District of Pennsylvania; Alan D. Lindsey and Randall Coughanour; the Edward J. DeBartolo Corporation, An Ohio Corporation; Century III Associates, A Pennsylvania Partnership; Sam Vindovich; Paul Pongrace; Jeffery Heidenreich; Robert Steffey; John Thompson; Robert F. Donnelly, Individuals, Jane Doe; John Doe 1; John Doe 2; John Doe 3; John Doe 4 and John Doe 5, Respondents Gary L. Lancaster, United States District Judge, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided January 31, 1995.

Attorney(s) appearing for the Case

Patricia A. Monahan (argued), Gaitens, Tucceri & Nicholas, P.C., Pittsburgh, PA for petitioners.

Gary N. Altman (argued), Uniontown, PA, for respondents Lindsey and Coughanour.

Theodore O. Struk, Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA, for remaining respondents.

Before STAPLETON, GARTH, and PRATT, Circuit Judges.

OPINION OF THE COURT

PRATT, Circuit Judge:

FACTS AND BACKGROUND

The operative facts giving rise to this mandamus application are set forth in the civil complaint of respondents Alan D. Lindsey and Randall Coughanour. In September 1991 Lindsey and Coughanour were involved in disputes with security guards at an indoor shopping mall on Route 51 in West Mifflin Borough, just south of Pittsburgh, Pa. They had travelled to the mall to shop, but...

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