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ROBISON v. CANTERBURY VILLAGE, INC.

No. 87-3388.

848 F.2d 424 (1988)

Edward M. ROBISON, Edward McCaul, Jr., Lee Van Syckle, Rosemary Hetrick, Bannister Allen III, Dennis J. Springer, II, Edwin Watt and Karen Speakman, Appellants, v. CANTERBURY VILLAGE, INC., a Pennsylvania Corp., and Thomas J. Reilly, Individually and as President of Canterbury Village, Inc. Thomas J. Reilly, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 3, 1988.

Attorney(s) appearing for the Case

Grace S. Harris (argued), Pittsburgh, Pa., for appellants.

Edward P. Zemprelli (argued), Zemprelli, Clipper and Campedel, Clairton, Pa., for appellee.

Before SLOVITER, and COWEN, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Arguably, our consideration of the merits of this appeal from the district court's grant of summary judgment for one of the two defendants on the ground that there was an insufficient showing of state action to support the constitutional and civil rights violations alleged inserts us into the fray sooner than prudentially sound because the second defendant is not before us. This anomalous situation arises from...

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