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PHILLIPS v. BOROUGH OF KEYPORT

No. 95-5143.

107 F.3d 164 (1997)

George PHILLIPS; Philip Vitale, Appellants, v. BOROUGH OF KEYPORT; Victor Rhodes; Board of Adjustment.

United States Court of Appeals, Third Circuit.

Reargued September 19, 1996.

Decided February 21, 1997.

Attorney(s) appearing for the Case

Lewis H. Robertson (argued), Evans, Osborne, Kreizman & Bonney, Red Bank, NJ, for Appellants.

Frank N. Yurasko, Somerville, NJ, Gordon N. Litwin (argued), Ansell, Zaro, Bennett & Grimm, Newark, NJ, for Appellee Borough of Keyport.

Michael A. Irene, Jr., Long Branch, NJ, for Appellee Board of Adjustment.

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and ROSENN, Circuit Judges.

Reargued En Banc September 19, 1996.

Argued Dec. 8, 1995

Before: STAPLETON, SAROKIN,* and ROSENN, Circuit Judges.

Reargued En Banc Sept. 19, 1996

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and ROSENN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellants planned to open an adult...

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