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COLLINS v. TOWN OF GOSHEN

No. 100, Docket 80-7312.

635 F.2d 954 (1980)

Dan, Barbara and Sybil COLLINS, Anthony and Barbara Constantino, Philip and Geraldine Schmer, Ronald and Barbara Vitello, and Thomas and Libbie Ann Wills, Plaintiffs, Dan, Barbara and Sybil Collins, Philip and Geraldine Schmer, Ronald and Barbara Vitello, and Thomas and Libbie Ann Wills, Plaintiffs-Appellants, v. TOWN OF GOSHEN, William J. Flannery, Joseph R. Donovan, Raymond Myruski, Harold E. Roegner, Horace C. Sawyer, William Johnson, Foster Greenhill, John Matta, Richard S. Gillette and Joseph P. Brown, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 22, 1980.

Attorney(s) appearing for the Case

Donald E. Klein, Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, for plaintiffs-appellants.

Gilbert Epstein, Dennis P. Caplicki, Goshen, N. Y., for defendants-appellees.

Before FRIENDLY and MESKILL, Circuit Judges, and BONSAL, District Judge.

FRIENDLY, Circuit Judge:

Plaintiffs in this action, filed on September 1, 1978, in which federal jurisdiction is predicated on 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331 and 1343(3), are the owners of five of the approximately 235 homes in the section of the Town of Goshen in Orange County, N.Y., known as Arcadia Hills. The complaint vouchsafes no information about the defendants except that they are the Town "and those person [sic] who were or are Town...

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