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BASS v. ATTARDI

No. 88-5511.

868 F.2d 45 (1989)

Gerhard BASS, Appellant, v. Sylvester ATTARDI, individually and as a member of the South Amboy Planning Board; H. Thomas Carr, individually and as a consultant to the South Amboy Planning Board; Alice Christina, individually and as a chairperson of the South Amboy Planning Board; Mayor J. Thomas Cross, individually and as Mayor of the City of South Amboy and as a member of the South Amboy Planning Board; Gregory F. Kusic, individually and as attorney for the South Amboy Planning Board; Robert Levins, individually and as a member of the South Amboy Planning Board; Andrew Markovich, individually and as a member of the South Amboy Planning Board; Michael Marrone, individually and as a member of the South Amboy Planning Board; Councilman Thomas O'Brien, individually and as a member of the South Amboy Planning Board; Edward O'Leary, as Chief of Police of South Amboy; Madeline Purcell, individually and as a member of the South Amboy Planning Board; Wilbur Schmidt, individually and as a member of the South Amboy Planning Board; and Frederick H. Kurtz, individually and as a Director of the Department of Engineering of the City of South Amboy and as Code Enforcement Officer of the City of South Amboy.

United States Court of Appeals, Third Circuit.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Susan E. Champion, Hunziker, Merrey & Jones, P.A., Paterson, N.J., for appellant.

James B. Smith, Metuchen, N.J., for Gregory Kusic and Frederick Kurtz.

John R. Lanza, Thatcher & Lanza, Flemington, N.J., for Alice Christina, Robert Levins, Andrew Markovich, Michael Marrone and Madeline Purcell.

James B. Convery, Convery, Convery & Shihar, Metuchen, N.J., for Sylvester Attardi, J. Thomas Cross and Thomas O'Brien.

Before: GIBBONS, Chief Judge, HUTCHINSON and HUNTER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) December 15, 1988.

OPINION OF THE COURT

PER CURIAM:

1. Once again, we return to the much-litigated struggle between plaintiff-appellant Gerhard Bass ("Bass") and various defendant-appellee officials of the city of South Amboy, New Jersey, over the establishment of a methadone-maintenance treatment center in South Amboy. Bass contends that members of the South Amboy Planning Board ("Planning Board"),

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