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VILLAGE HARBOR, INC. v. UNITED STATES

No. 76-2395.

559 F.2d 247 (1977)

VILLAGE HARBOR, INC., Milton O. Stein and Bert J. Stein, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant, Lake Lanier Islands Development Authority et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 14, 1977.

Attorney(s) appearing for the Case

Richard C. Freeman, III, Myles E. Eastwood, E. Ray Lanier, Atlanta, Ga., for plaintiffs-appellants.

Dale M. Schwartz, Atlanta, Ga., Amicus Curiae, for Anti-Defamation League of B'nai B'rith.

Edgar H. Sims, Jr., Steven B. Kite, Tom Watson Brown, Robert S. Bomar, Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Carl Strass, Dept. of Justice, Washington, D. C., for Lake Lanier Islands.

Before WISDOM, SIMPSON, and TJOFLAT, Circuit Judges.

PER CURIAM:

The question this appeal raises is whether the district court properly dismissed this case. The complaint alleged that the plaintiffs were unconstitutionally discriminated against because of their Jewish religion and that they were deprived of personal liberty and property rights. We hold that the district court properly treated the motion to dismiss as a motion for summary judgment. We affirm.

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