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RRI REALTY CORP. v. INC. VILLAGE OF SOUTHAMPTON

No. 1117, Docket 84-9019.

766 F.2d 63 (1985)

RRI REALTY CORP., Plaintiff-Appellee, v. The INCORPORATED VILLAGE OF SOUTHAMPTON, Roy L. Wines, Jr., Mayor, Orson D. Munn, Jr., Paul Parash, Charles F. Schreier, Jr. and Richard L. Fowler, Constituting the Board of Trustees of the Village of Southampton, William Hattrick, Jr., Carlos Nadal, Jacob Buchheit, Elise Korman and Marvin Dozier, Constituting the Zoning Board of Appeals of the Village of Southampton, Sherburne Brown, Courtland Smith, Victor Finalborgo, John Winters and Morley A. Quatroche, Constituting the Board of Architectural Review of the Village of Southampton and Eugene R. Romano, the Building Inspector of the Village of Southampton, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 24, 1985.

As Modified June 27, 1985.

Attorney(s) appearing for the Case

Stuart A. Summit, New York City (Burns Summit Rovins & Feldesman, Glenn S. Goldstein, New York City, of counsel), for plaintiff-appellee.

John W. Hoefling, Williston Park, N.Y. (Maloney, Murphy, McLoone, Nelson, Dobise & McGrane, Williston Park, N.Y., of counsel), for defendants-appellants.

Before FEINBERG, Chief Judge, LUMBARD and NEWMAN, Circuit Judges.

LUMBARD, Circuit Judge.

The Village of Southampton, its mayor, building inspector, and other individual defendants, including various members of the Board of Trustees, the Zoning Board of Appeals, and the Board of Architectural Review, appeal from an order, by Judge Sifton, Eastern District of New York, denying their motion for a stay or dismissal of proceedings under federal abstention doctrines. We dismiss for lack of appellate...

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