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BORAAS v. VILLAGE OF BELLE TERRE

No. 372, Docket 72-2040.

476 F.2d 806 (1973)

Bruce BORAAS et al., Plaintiffs-Appellants, v. The VILLAGE OF BELLE TERRE, an incorporated municipality, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 27, 1973.

Rehearing Denied March 16, 1973.

Opinion Dissenting April 5, 1973.

Attorney(s) appearing for the Case

Lawrence G. Sager, New York City (Arthur N. Eisenberg, Bruce J. Ennis, New York Civil Liberties Union, New York City, of counsel), for plaintiffs-appellants.

Bernard E. Gegan, Port Washington, N. Y. (James J. von Oiste, Village Atty., Port Jefferson, N. Y., of counsel), for defendants-appellees.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

Opinion Dissenting From Denial of Rehearing En Banc April 5, 1973.

Rehearing En Banc Denied March 16, 1973.

MANSFIELD, Circuit Judge:

At issue upon this appeal is the constitutionality of a zoning ordinance of the incorporated Village of Belle Terre, New York, which prohibits groups of more than two (2) unrelated persons, as distinguished from traditional families consisting of any number of persons related by blood, adoption, or marriage, from occupying...

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