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CHEZ SEZ III CORP. v. TOWNSHIP OF UNION

No. 90-5912.

945 F.2d 628 (1991)

CHEZ SEZ III CORP., a corporation of the State of New Jersey; Jack Chesner, Appellants, v. TOWNSHIP OF UNION, a political subdivision of the State of New Jersey; Salvatore J. Mauro, Construction Official of the Township of Union, in his official capacity, Appellees.

United States Court of Appeals, Third Circuit.

Decided September 24, 1991.

Attorney(s) appearing for the Case

Lewis H. Robertson, (argued), Evans, Osborne & Kreizman, Little Silver, N.J., for appellants.

David B. Zurav, (argued), Union, N.J., for appellees.

Before MANSMANN and HUTCHINSON, Circuit Judges, and O'NEILL, District Judge.

OPINION OF THE COURT

O'NEILL, District Judge

Chez Sez III Corp. and its shareholder Jack Chesner appeal from an interlocutory order of the district court denying their motion for a preliminary injunction and administratively terminating their federal lawsuit pending the resolution of state law questions by the New Jersey state court. We find that abstention was proper and that appellants are unlikely to prevail on the merits of their suit. We will therefore...

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