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TRESSLER v. BOROUGH OF RED LION

Civ. A. No. 88-0308.

685 F.Supp. 468 (1988)

James R. TRESSLER, Plaintiff, v. The BOROUGH OF RED LION and Raymond E. Arnold, Jr., in his individual and official capacity as Borough Manager of Red Lion, Defendants.

United States District Court, M.D. Pennsylvania.

June 1, 1988.

Attorney(s) appearing for the Case

Lawrence F. Clark, Jr., Clark, Smith & Clough, P.C., Harrisburg, Pa., for plaintiff.

Donald B. Hoyt, Blakey, Yost, Bupp & Schaumann, York, Pa., for defendants.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Defendants, The Borough of Red Lion and its manager, Raymond E. Arnold, have moved to vacate the default which was entered against them on April 6, 1988. They have also filed a motion to dismiss, or in the alternative, for summary judgment.

II. Background.

Plaintiff, James R. Tressler, filed his complaint on February 25, 1988. Count I sets forth a 42 U...

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