NEIDERHISER v. BOROUGH OF BERWICK

No. 87-5505.

840 F.2d 213 (1988)

NEIDERHISER, Glen M. and Brown, Gregory C., t/a Progressive Enterprises, t/a Hollywood Stereo and Video, Appellants, v. The BOROUGH OF BERWICK, Definnis, Daniel, Sr., Metz, Thomas, Butera, Carmen, and Davidson, Herman, members of the Zoning Hearing Board of the Borough of Berwick.

United States Court of Appeals, Third Circuit.

Decided March 1, 1988.


Attorney(s) appearing for the Case

John A. Mihalik (argued), Hummel, James & Mihalik, Bloomsburg, Pa., for appellants.

Donald H. Brobst (argued), Robert D. Schaub, Rosenn, Jenkins & Greenwald, Wilkes-Barre, Pa., Joseph Torsella, Sol. for Berwick, Berwick, Pa., for appellees.

Before GIBBONS, Chief Judge, and SLOVITER and COWEN, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises from an order of the district court, which dismissed plaintiffs' claims brought pursuant to 42 U.S.C. § 1983 on grounds that there was no viable case or controversy before the court, and therefore no jurisdiction. Because we find that plaintiffs did allege a cause of action encompassing a viable case or controversy, we conclude that the district court had jurisdiction, and will reverse.<...

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