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PLANTAMURA v. CIPOLLA

No. 79-1783.

617 F.2d 344 (1980)

Toni PLANTAMURA, and others similarly situated, Appellants, v. Mayor Joseph CIPOLLA; Borough of Paramus Council Members: Louis Kosco, Joan Masel, Allen Sklar, Robert Boici, Vincent Brock, Enrico DiGiulio, Theodore D'Uva, Robert Rogut, Blanche Patchett, Charles Sodaro, each in their official capacity as past or present members of the Borough of Paramus Council; John P. Nicholas, Chief of Police, Paramus Police Department; Bergen County Police Chiefs Association; Local 186, Patrolmen's Benevolent Association; Paramus Police Committee; Borough Administrative Assistant; New Jersey State Patrolmen's Benevolent Association, Paramus Police Department.

United States Court of Appeals, Third Circuit.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Isabel Brawer Stark, Hackensack, N. J., on brief; Abraham & Stark, Hackensack, N. J., for appellants.

Joseph S. Di Maria, Paramus, N. J., for appellees, Mayor Cipolla, and Borough of Paramus, and Mayor & Council of the Borough of Paramus, et al.

Donald R. Conway, Hackensack, N. J., for Bergen County Police Chiefs Ass'n.

James R. Zazzali and Albert G. Kroll, Newark, N. J., of counsel and on brief; Zazzali, Zazzali & Whipple, Newark, N. J., for N. J. State P. B. A., and Local P. B. A. # 186, et al.

Before SEITZ, Chief Judge, and ADAMS and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

On this appeal, we are asked to decide whether the district court erred in granting partial summary judgment in favor of a number of the defendants to this civil rights suit. Because we conclude that there is no appealable order present here, we do not reach the merits and instead dismiss the appeal for lack of jurisdiction.

I.

Toni Plantamura, alleging that the Police Department of the Borough...

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