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KERNS v. DUKES

No. 96-7751.

153 F.3d 96 (1998)

Joseph KERNS; Kathleen Kerns; William M. Torney; Lois A. Torney; Maureen Moyer; John D. Coffman; Martha C. Coffman, on behalf of themselves and other similarly situated property owners, 9 Del.C. 6519 persons and other persons being assessed for the payment of the West Rehoboth Expansion of the Dewey Beach Sanitary Sewer District v. Dale R. DUKES, individually and as Sussex County Government President and Council President; George J. Collins, individually and as Sussex County Council Member; William D. Stevenson, Sr., individually and as Sussex County Council Member; George B. Cole, individually and as Sussex County Council Member; Ralph E. Benson, individually and as Sussex County Council Member; Robert L. Stickels, individually and as Sussex County Administrator; Robert W. Wood, individually and as Sussex County Engineer; Christophe A.G. Tulou, individually and as Delaware Department of Natural Resources and Environmental Control Secretary; Gerald L. Esposito, individually and as a Director of Delaware Department of Natural Resources and Environmental Control; Edwin H. Clark, individually and as then Secretary of Delaware Department of Natural Resources and Environmental Control Joseph Kerns and Kathleen Kerns, William M. Torney and Lois A. Torney, Maureen Moyer, John D. Coffman and Martha C. Coffman, individually and as representative Plaintiffs on behalf of the certified class, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

Francis J. Trzuskowski, James F. Kipp, Francis J. Schanne (argued), Trzuskowski, Kipp, Kelleher & Pearce, Wilmington, DE, for Appellants.

Carl Schnee (argued), Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, DE, Dennis L. Schrader, Veronica O. Faust, Georgetown, DE, for Appellees Dale Dukes, George J. Collins, William D. Stevenson, George Cole, Ralph E. Benson, Robert L. Stickels, Robert W. Wood.

Keith A. Trostle, Department of Justice, Wilmington, DE, for Appellee Christophe A. Tulou.

Kevin P. Maloney, Department of Natural Resources, Dover, DE, for Appellee Gerald L. Esposito.

David L. Ormond, Jr., Department of Justice, Wilmington, DE, for Appellee Edwin H. Clark.

Before: SLOVITER and ROTH, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge:

This appeal presents the question whether a suit in the District Court for the District of Delaware brought by certain Delaware property owners challenging assessments charged to them to provide for an expanded sewer system is barred either by the Tax Injunction Act, 28 U.S.C. § 1341 — which provides that "[t]he district courts shall not enjoin, suspend...

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