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NJ COALITION OF ROOMING & BD'G. HOUSE OWNERS v. MAYOR, ASBURY PARK

No. 97-5483.

152 F.3d 217 (1998)

NEW JERSEY COALITION OF ROOMING AND BOARDING HOUSE OWNERS; Louis Cook; John E. Brown; Leonard Levy; Carol Wise; Brenda Copeland; Michael Byrne; Beverly Deming; Eugene Hodas, Appellants, v. MAYOR AND COUNCIL OF the CITY OF ASBURY PARK; The City of Asbury Park, a Municipal Corporation of the State of New Jersey; Mayor and Council of the Township of Neptune; The Township of Neptune, a Municipal Corporation of the State of New Jersey; Mayor and Council of Keansburg; Borough of Keansburg, a Municipal Corporation of the State of New Jersey, Mayor and Council of the City of Asbury Park; The City of Asbury Park, Defendants/Third-Party Plaintiffs, v. STATE OF NEW JERSEY, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided July 30, 1998.

Attorney(s) appearing for the Case

Robert C. Griffin (Argued), Griffin & Griffin, Randolph, NJ, for Appellants.

Glenn C. Motyczka (Argued), James J. Higgins, Boyar, Higgins & Suozzo, P.A. Morristown, NJ, Donald L. Beekman, Ocean Grove, NJ, for Appellees, Mayor and Council of the Township of Neptune, and Township of Neptune.

Peter Verniero, Attorney General of New Jersey, Joseph L. Yannotti, Assistant Attorney General, Cheryl R. Clarke (Argued), Deputy Attorney General, Office of Attorney General of New Jersey, Trenton, NJ, for Appellee, State of New Jersey.

Before: BECKER, Chief Circuit Judge, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

EDWARD R. BECKER, Chief Circuit Judge.

The New Jersey Coalition of Rooming and Boarding House Owners (the "Coalition"), which represents owners of rooming and boarding houses ("R & B houses") in the Neptune, New Jersey area, together with a number of individuals who are residents of those R & B houses, sued in the district court to have the Rooming and Boarding House Municipal Licensing Law, N.J. Stat. Ann. § 40:52-9

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