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MERGE v. SHAROTT

No. 14770.

341 F.2d 989 (1965)

George MERGE and Weldon R. Hooper, Trading and Doing Business as Asphalt Products Company, a Partnership, Plaintiffs-Appellants, v. Harry I. SHAROTT, Area Coordinator, Urban Renewal Administration of the Housing and Home Finance Agency of the United States of America, Robert C. Weaver, Administrator, Housing and Home Finance Agency of the United States of America, and Urban Redevelopment Authority of Pittsburgh, Defendants-Appellees.

United States Court of Appeals Third Circuit.

Reargued November 20, 1964.

Decided February 16, 1965.

As Amended April 2, 1965.

Attorney(s) appearing for the Case

James E. McLaughlin, McArdle, Harrington, Feeney & McLaughlin, Pittsburgh, Pa. (John J. Hickton, Pittsburgh, Pa., on the brief), for appellants.

Stanley W. Breenfield, Asst. U. S. Atty., Pittsburgh, Pa. (Gustave Diamond, U. S. Atty., Pittsburgh, Pa., on the brief), for appellees, Housing & Home Finance Agency and Urban Renewal Admn.

Theodore L. Hazlett, Jr., Pittsburgh, Pa., on the brief, for appellee Urban Redevelopment Authority of Pittsburgh.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY, SMITH and FREEDMAN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an appeal from an order of the District Court of the Western District of Pennsylvania, granting defendants' motion to dismiss and entering summary judgments in their favor.

The plaintiffs-appellants, George Merge and Weldon R. Hooper, are citizens of Pennsylvania, and partners in a business known as Asphalt Products Company. This business is located in the City of Pittsburgh and operates as a unit from two leased buildings...

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