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BROWN v. U.S.

Nos. 87-5471, 87-5910.

851 F.2d 615 (1988)

Owen G. BROWN and Loreen E. Brown, Appellees v. UNITED STATES of America, Department of Housing and Urban Development, Virgilio J. Granata, Thomas Verdon, Ron Santa, Jane Smullins, Robert Wall, Edwin J. Keyes, Robert S. Ernst, Richard Hajjar, individually and trading as Hajjar Real Estate Agency, Ann Platt, Charles Beimfohr Construction Co., Charles Beimfohr, a/k/a Karl Beimfohr, Borough of Bogota Police Department, Anthony Yocovelli, Peter Hoffman, William Kennedy, Borough of Bogota, Patrick Carr, Wolfgang Albrecht, John Does and Jane Does. Appeal of Virgilio J. GRANATA. Virgilio J. GRANATA, Petitioner at 87-5910, v. Honorable Clarkson S. FISHER, U.S.D.J. for the District of New Jersey, Respondent, and Owen G. Brown and Loreen E. Brown, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 21, 1988.

Attorney(s) appearing for the Case

James A. Plaisted (argued), Walder, Sondak, Berkeley & Brogan, P.A., Roseland, N.J., for Virgilio J. Granata.

Michael DeMarrais (argued), Brown, Buckalew & DeMarrais, Hackensack, N.J., for Owen G. Brown and Loreen E. Brown.

Before HUTCHINSON, SCIRICA and GARTH, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Defendant Virgilio J. Granata appeals (at 87-5471) a district court order denying his motion to dismiss plaintiffs' complaint, which alleges violations of their constitutional rights. In the alternative, he requests relief in the form of a writ of mandamus (at 87-5910) ordering the district court to dismiss the complaint. Because the complaint stated claims arising under the law of the United States, the district...

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