PEPER v. CEDARBROOK FARMS, INC.

No. 19075.

437 F.2d 1209 (1971)

Christian B. PEPER, Jr., Frank Tejeras, and All Others Similarly Situated, Appellants, v. CEDARBROOK FARMS, INC., Dennis Sorantino, Joseph Sorantino, John Doe, Mary Doe, Richard Roe, etc. (Fictitious Names for Other Owners-Managers of Defendant Corporation), Colonel David B. Kelly, Superintendent of the New Jersey State Police.

United States Court of Appeals, Third Circuit.

Decided February 9, 1971.


Attorney(s) appearing for the Case

Carl S. Bisgaier, Camden Regional Legal Services, Inc., Law Reform Division, argued and on brief, Thomas J. Oravetz, Camden, N. J., on brief; Kevin Carey, Vincent Carroll, Lawrence Sherman, Washington, D. C., Migrant Legal Action Program, on brief and of counsel, for plaintiffs-appellants.

William J. Cook, Brown, Connery, Kulp, Wille, Purnell & Greene, Camden, N. J., for appellees, Cedarbrook Farms, Inc., Joseph Sorantino, and others.

John P. Sheridan, Jr., Deputy Atty. Gen., Trenton, N. J., for appellee David B. Kelly.

Before GANEY and ADAMS, Circuit Judges, and WEIS, District Judge.


OPINION OF THE COURT

GANEY, Circuit Judge.

This is an appeal on behalf of the appellants from an order of dismissal with prejudice by the lower court on the application of the plaintiffs for a preliminary injunction.

The question posed for disposition by this court is whether or not the lower court had jurisdiction of the matter by virtue of certain alleged state action on the part of certain officers of...

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