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DONIVAN v. DALLASTOWN BOROUGH

No. 87-5409.

835 F.2d 486 (1987)

DONIVAN, William C. and Donivan, Kay E., his wife; Gohn, Bradley J. and Gohn, Kristine, his wife; Adams, Kenneth L. and Adams, Shirley M., his wife; Trout, Richard K. and Trout, Kenalee, his wife, v. DALLASTOWN BOROUGH; McKenzie, Vernon; Ferree, Lloyd; Chronister, Robert; Marshall, Ruth; and Henry Franklin, all individually and as Elected officials, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 15, 1987.

Attorney(s) appearing for the Case

William J. Flannery, Vincent Candiello, Audrey F. Miner, Harrisburg, Pa., Francis M. Milone, Philadelphia, Pa., for appellants.

Donald L. Reihart, Laucks & Monroe, York, Pa., for appellees.

Before WEIS, HIGGINBOTHAM, and MANSMANN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) December 1, 1987.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This is an appeal from an order of the district court denying a motion for reconsideration of a previous order which refused to grant summary judgment on behalf of the defendants, Dallastown Borough Council and its individual members, based upon the defense of absolute legislative immunity. We will affirm the district court's order, agreeing that...

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