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HERITAGE FARMS, INC. v. SOLEBURY TP.

No. 81-1234.

671 F.2d 743 (1982)

HERITAGE FARMS, INC., Heritage Farm Partnership, Concept Plus, Inc., and Michael G. Lamelza, Appellants, v. SOLEBURY TOWNSHIP, Solebury Township Board of Supervisors, J. Walter Livezey, Jr., Frank J. Soriero, Jr., Patricia D. Knight, Individually and in Their Respective Official Capacities as Members of the Solebury Township Board of Supervisors, Carl L. Lindsay, Jr., Individually and In His Official Capacity as Solicitor of Solebury Township, and William E. Moon, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 10, 1982.

Certiorari Denied May 24, 1982.

Attorney(s) appearing for the Case

Steven L. Friedman (argued), Louis B. Kupperman, Thomas J. Elliott, Philadelphia, Pa., for appellants.

Franklin Poul (argued), Brian P. Flaherty, Stephen B. Harris, Edward J. Marcantonio, Philadelphia, Pa., for appellees.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and MEANOR, District Judge.

Certiorari Denied May 24, 1982. See 102 S.Ct. 2270.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

I.

In this case, we are asked to examine the doctrine of abstention in a rather novel factual setting. For the reasons set forth below, we hold that the district court's decision to abstain was error and therefore the judgment of the district court must be reversed.

The appellants...

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