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BERNARDSVILLE QUARRY v. BOROUGH OF BERNARDSVILLE

No. 90-5783.

929 F.2d 927 (1991)

BERNARDSVILLE QUARRY, Appellant, v. BOROUGH OF BERNARDSVILLE.

United States Court of Appeals, Third Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

Clifford W. Starrett, Schenck, Price, Smith & King, Morristown, N.J., for appellant.

Richard P. Cushing, Gebhardt & Kiefer, Clinton, N.J., Dennis A. Cipriano, West Orange, N.J., for appellee.

Before GREENBERG and COWEN, Circuit Judges, BUCKWALTER, District Judge.

Submitted Under Third Circuit Rule 12(6) February 22, 1991.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal concerns the propriety of the district court's dismissal of a complaint filed by Bernardsville Quarry, Inc. ("BQI"). BQI sued the Borough of Bernardsville (the "Borough") in federal court on May 31, 1988. In response to the Borough's motion, the district court dismissed BQI's federal action on August 13, 1990, because BQI had sued the...

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