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BURT v. FERRESE

No. 88-3399.

871 F.2d 14 (1989)

Daniel W. BURT, Appellant, v. Gregory FERRESE, individually and in his official capacity as City manager of the City of Rehoboth Beach, Delaware and Howard Blizzard, individually and in his capacity as Supervisor, Rehoboth Beach Water Department, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 28, 1989.

Attorney(s) appearing for the Case

Robert C. Wolhar, Jr. (argued), Wolhar & Gill, P.A., Georgetown, Del., appellant.

B. Wilson Redfearn, Nancy E. Chrissinger (argued), Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for appellees.

Before GIBBONS, Chief Judge, and BECKER AND ROSENN, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from the district court's grant of summary judgment for the defendants in a civil rights suit brought by plaintiff-appellant Daniel W. Burt. Our review is plenary. Concluding that there is a genuine issue of material fact with respect to Burt's 42 U.S.C. § 1983 claim, we reverse as to that claim. However, we will affirm the grant of summary judgment as to Burt's pendent state claims (for...

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