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SALEM BLUE COLLAR WORKERS ASS'N v. CITY OF SALEM

No. 93-5622.

33 F.3d 265 (1994)

SALEM BLUE COLLAR WORKERS ASSOCIATION and Stephen Scull, Appellants, v. CITY OF SALEM; Leon Johnson, Mayor of the City of Salem; John Burke, Common Council Member of the City of Salem; Robert Davis, Common Council Member of the City of Salem; Robert Elk, Common Council Member of the City of Salem; Betsy Erhardt, Common Council Member of the City of Salem; Earl Gage, Common Council Member of the City of Salem; Robert Johnson, Common Council Member of the City of Salem; Donald Sharp, Common Council Member of the City of Salem; Joseph Weaver, Common Council Member of the City of Salem, individually and in their official capacities, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 25, 1994.

Sur Petition for Rehearing September 28, 1994.

Attorney(s) appearing for the Case

James Katz (Argued), Tomar, Simonoff, Adourian & O'Brien, P.C., Haddonfield, NJ, for appellants.

David J. Puma (Argued), Waters, Sherman & Puma, P.A., Salem, NJ, for appellees.

BEFORE: SLOVITER, Chief Judge, HUTCHINSON and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

I.

Plaintiffs appeal a final order of the district court granting summary judgment to defendants in a civil rights action attacking the constitutionality of a city ordinance requiring employees of the city, with certain exceptions, to live therein. Our review is plenary.

II.

The individual plaintiff ("Scull") was employed by the City of Salem, New Jersey ("City") as a laborer. He moved...

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