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DESI'S PIZZA, INC. v. CITY OF WILKES-BARRE

No. 02-1441.

321 F.3d 411 (2003)

DESI'S PIZZA, INC.; Desi's Famous Pizza, Inc.; Desi Pizza WP, Inc.; D.F.P. Franchising, Inc.; Francis Desiderio; Martin Desiderio, Appellants v. CITY OF WILKES-BARRE; Thomas D. McGroarty; Anthony J. George; David W. Lupas

United States Court of Appeals, Third Circuit.

Filed March 6, 2003.

Attorney(s) appearing for the Case

Harry Kresky (argued), Law Offices of Harry Kresky, New York, NY, for Appellants.

George A. Reihner, John G. Dean (argued), Elliott Reihner Siedzikowski & Egan, P.C., Scranton, PA, for Appellees City of Wilkes-Barre, Thomas D. McGroarty and Anthony George.

Sean P. McDonough (argued), Dougherty, Leventhal & Price, L.L.P., Moosic, PA, for Appellee David W. Lupas.

Before NYGAARD, ALITO, and RENDELL, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

Desi's Pizza, Inc., Desi's Famous Pizza, Inc., Desi's Pizza WP, Inc., D.F.P. Franchising, Inc., Francis Desiderio, and Martin Desiderio (collectively the "plaintiffs") commenced this action against the City of Wilkes-Barre, Pennsylvania, and several city officials. The plaintiffs asserted that the defendants had violated their constitutional rights to due process and equal...

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