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STERN v. HALLIGAN

No. 97-5506.

158 F.3d 729 (1998)

Steven B. STERN; Michele Stern; The Lorenzo Trust, v. Francis X. HALLIGAN, Jr.; Jeffrey W. Flatt; Berkeley Township; Berkeley Township Municipal Utilities Authority, v. Francis X. HALLIGAN, Jr; Berkeley Township, Third-party plaintiffs, v. Michael Peter SCILLITANI, Third-party defendant (Trenton D.C. Civil No. 95-cv-03449). Steven B. STERN; Michele Stern; The Lorenzo Trust, v. Francis X. HALLIGAN, Jr; Jeffrey W. Flatt; Berkeley Township; Berkeley Township Municipal Utilities Authority, v. Francis X. HALLIGAN, Jr., Berkeley Township, Third-party plaintiffs, v. Michael Peter SCILLITANI, Third-party defendant (Trenton D.C. Civil No. 95-3885). Steven B. Stern, Michele Stern, The Lorenzo Trust, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 7, 1998.

Attorney(s) appearing for the Case

L. Gilbert Farr (Argued), Manahawkin, NJ, for Appellants.

Patrick Sheehan (Argued), Toms River, NJ, for Appellees — Berkeley Township and Francis X. Halligan, Jr.

John J. Sheehy (Argued), Sheehy & Sheehy, Jersey City, NJ, for Appellees — Berkeley Township Municipal Utilities Authority and Jeffrey W. Flatt.

Before: BECKER, Chief Judge, STAPLETON, and WEIS, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Plaintiffs Steven and Michele Stern, and Michele Stern's brother Michael Scillitani (as trustee), each own real property in Berkeley Township, New Jersey, which is served by privately-owned well water. Defendant Berkeley Township Municipal Utilities Authority ("BTMUA"), pursuant to local ordinances, ordered the plaintiffs to connect to the municipal water supply and, through various enforcement proceedings, placed...

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