SHIREY v. BENSALEM TP.

No. 81-1045.

663 F.2d 472 (1981)

SHIREY, Gerald A., Jr. and McCullough, Stephen and Hamilton, William R. and Hamilton, Donna L. on behalf of themselves and all others similarly situated Stephen McCullough, Appellant, v. BENSALEM TOWNSHIP and Bristol Borough and Bristol Township and Buckingham Township and Falls Township and Middletown Township and Tullytown Borough and Warminster Township and City of Philadelphia and Police Chief Michaels, Lawrence and Police Chief Faragalli, Vincent and Acting Police Chief Templeton, Richard, and Police Chief Kettler, James and Police Chief Shook, Howard C. and Police Chief Favoroso, Gaspar and Doe, John and other individuals whose identities are not known with sufficient exactitude by Plaintiffs but whose identities are known by the other Defendants named herein Defendant-Appellees.

United States Court of Appeals, Third Circuit.

Decided November 12, 1981.


Attorney(s) appearing for the Case

Gary Green (argued), Neil A. Morris, Sidkoff, Pincus, Greenberg & Green, P.C., Philadelphia, Pa., for appellant; John M. McClure, Doylestown, Pa., of counsel.

Charles W. Craven (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for Bensalem Township & Lawrence Michaels.

Richard A. Kraemer, Philadelphia, Pa., for Warminster Township.

Thomas A. Shovlin, White & Williams, Philadelphia, Pa., for Borough of Bristol.

Ralph J. Teti, Philadelphia, Pa., for City of Philadelphia.

Daniel J. Allan, Quinn, Allan & Raab, Philadelphia, Pa., for Bristol Township.

William B. Moyer, Anita F. Alberts, Power, Bowen & Valimont, Doylestown, Pa., for Bristol Township Acting Police Chief Richard Templeton.

Richard R. Fink, Doylestown, Pa., for Tullytown Borough & Police Chief Gaspar Favoroso.

Mindy M. Brook, Moskowitz, Zamparelli & Weiss, Longhorne, Pa., for Falls Township & Police Chief James Kettler.

Peter J. Hoffman, Duane, Morris & Hecksher, Philadelphia, Pa., for Buckingham Township.

Richard M. Shusterman, White & Williams, Philadelphia, Pa., for Borough of Bristol.

Richard B. Hardt, Detweiler, Hughes & Kokonos, Philadelphia, Pa., for Falls Township & Police Chief James Kettler.

Clyde W. Waite, Sokolove, Pechter, Stief & Waite, Bristol, Pa., for Township of Bristol.

Before ADAMS, HUNTER and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

The principal issue before us is the appealability of an order dismissing the complaint as to one of four plaintiffs when the complaint seeks, inter alia, injunctive relief. We hold that the order in this case is not appealable at this time, and dismiss the appeal.

II.

The appellant, Stephen McCullough, was one of four plaintiffs who brought a class action against nine Pennsylvania...

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