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W.D.D., INC. v. THORNBURY TP.

No. 87-1382.

850 F.2d 170 (1988)

W.D.D., INC. v. THORNBURY TOWNSHIP, Chester County and Copeland, John G., Jr. Appellants.

United States Court of Appeals, Third Circuit.

Reargued May 10, 1988.

Decided June 28, 1988.

Attorney(s) appearing for the Case

Charles W. Craven (argued), Maria Zulick, Robert G. Hanna, Jr., Marshall, Dennehey, Warner, Coleman and Goggin, Philadelphia, Pa., for appellants.

Thomas A. Riley, Jr. (argued), Louis J. Colagreco, Jr., Riley Law Associates, Ltd., Paoli, Pa., for appellee.

Before GIBBONS, Chief Judge, and SEITZ, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN and HUNTER, Circuit Judges.

Reargued in banc May 10, 1988.

OPINION OF THE COURT

PER CURIAM.

1. This is an action under 42 U.S.C. § 1983. Appellee W.D.D., Inc. ("WDD") alleged that its civil rights were violated in connection with certain land use restrictions imposed by a municipality. Appellants Thornbury Township and John G. Copeland, Jr. moved for summary judgment and then for reconsideration. The district court denied both motions. Upon rehearing in banc, we will vacate...

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