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McLARTY v. BOROUGH OF RAMSEY

Nos. 12877, 12899.

270 F.2d 232 (1959)

Robert A. McLARTY, LaVerne McLarty, Julian Monti, Cornelia Monti and Jesse W. Alden, Appellants, v. BOROUGH OF RAMSEY, William F. Halsted and the Mayor and Council of the Borough of Ramsey. Maria C. J. VELING and Alicia I. Meng, Appellants, v. BOROUGH OF RAMSEY, William F. Halsted and the Mayor and Council of the Borough of Ramsey.

United States Court of Appeals Third Circuit.

Decided September 17, 1959.

Rehearing Denied October 29, 1959.

Attorney(s) appearing for the Case

Robert A. McLarty, New York City (Emory, Langan, Lamb & Blake, Jersey City, N. J., Morris N. Scharf, Ramsey, N. J., James J. Langan, Jersey City, N. J., on the brief), for appellants.

James M. Muth, Ramsey, N. J., for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.

STALEY, Circuit Judge.

Was it error for the district court to decline to adjudicate by a declaratory judgment the constitutional validity of a municipal zoning ordinance?

The two cases here involved were consolidated by the district court inasmuch as they presented common questions of law, and were briefed and argued together on appeal. In each of these cases the plaintiffs seek a declaration that a zoning ordinance...

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