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CAPANO v. BOROUGH OF STONE HARBOR

Civ. A. No. 80-1962.

530 F.Supp. 1254 (1982)

Marguerite A. CAPANO, Individually and as Executrix of the Estate of Louis Capano, Deceased, Plaintiff, v. BOROUGH OF STONE HARBOR, a Municipal Corporation of the State of New Jersey, the Stone Harbor Beach Patrol, Arden W. Hand, Chairman of the Stone Harbor Beach Patrol, James G. Wood, Mayor of the Borough of Stone Harbor, Sam Wierman, Beach Patrol Captain, Bill Forsyth, Beach Supervisor, jointly, severally and in the alternative, Defendants.

United States District Court, D. New Jersey.

January 25, 1982.

Attorney(s) appearing for the Case

Ronald A. Graziano, Alan H. Sklarsky, Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N. J., for plaintiff.

William M. Balliette, Jr., Cafiero & Balliette, Wildwood, N. J., for defendants.

OPINION

GERRY, District Judge.

Plaintiff instituted this civil rights action for injunctive relief and damages after the defendants failed to establish a public swimming beach at 113th Street in the Borough of Stone Harbor. Plaintiff seeks the right to be able to swim in the waters abutting the 113th Street beach. However, plaintiff contends that she is not seeking a mandatory injunction requiring the borough to undertake any action with regard to her, but...

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