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MARCUS v. TOWNSHIP OF ABINGTON

No. 94-1139.

38 F.3d 1367 (1994)

Norman S. MARCUS; Susan S. Marcus, h/w Appellants, v. TOWNSHIP OF ABINGTON; P. Daniel Vollrath, Individually and in his capacity as Senior Code Enforcement Officer for Abington Township; Lawrence T. Matteo, Jr., Individually and as Superintendent of Code Enforcement for Abington Township; Barbara C. Ferrara, Individually and in her capacity as Commissioner of Abington Township.

United States Court of Appeals, Third Circuit.

Decided October 27, 1994.

Attorney(s) appearing for the Case

Michael J. McCaney, Jr. (Argued), Heller, Kapustin, Gershman & Vogel, Plymouth Meeting, PA, for appellants.

George H. Knoell, III (Argued), Kane, Pugh, Knoell & Driscoll, Norristown, PA, for appellees.

Before: STAPLETON, GARTH, and PRATT, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellants, Norman S. Marcus and Susan S. Marcus (the "Marcuses"), appeal an order entered by the United States District Court for the Eastern District of Pennsylvania staying their 42 U.S.C. § 1983 action for damages pending resolution of a state criminal action against them. The Marcuses argue that the stay of their federal court case is inappropriate because the state criminal action and the federal...

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