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POMPA CONST. CORP. v. CITY OF SARATOGA SPRINGS

No. 653, Docket 82-7708.

706 F.2d 418 (1983)

POMPA CONSTRUCTION CORPORATION, Daniel Pompa and Nelson Pompa, Plaintiffs-Appellants, v. CITY OF SARATOGA SPRINGS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 2, 1983.

Attorney(s) appearing for the Case

Lawrence M. McKenna, New York City (Wormser, Kiely, Alessandroni, Hyde & McCann, Charles G. Banino, and Francis M. Gregorek, New York City, of counsel), for appellants.

David H. Wilder, Asst. City Atty., City of Saratoga Springs, N.Y. (Richard F. Mullaney, City Atty., Saratoga Springs, N.Y., of counsel), for appellee.

Before FEINBERG, Chief Judge, and CARDAMONE and DAVIS, Circuit Judges.

DAVIS, Circuit Judge:

Pompa Construction Corporation, Daniel Pompa and Nelson Pompa (Pompas or Appellants) appeal the denial by the United States District Court for the Northern District of New York (Miner, District Judge) of their request for a declaration (with injunctive relief) that a zoning ordinance of the City of Saratoga Springs, New York (City or Saratoga Springs), violates the Fourteenth Amendment to the United States Constitution as applied to their 68...

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