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LANGFORD v. CITY OF ATLANTIC CITY

No. 00-5194.

235 F.3d 845 (2000)

Lorenzo LANGFORD; William Marsh, Appellants, v. CITY OF ATLANTIC CITY; Timothy Mancuso; Barbara Hudgins; John Schultz; Edward P. McGettigan; Gibb R. Jones, Jr.; Michael Zingarelli; James Whelan.

United States Court of Appeals, Third Circuit.

Filed December 18, 2000.

Attorney(s) appearing for the Case

Sidney L. Gold, Lovitz & Gold 1835 Market Street 11 Penn Center, Suite 515 Philadelphia, PA 19103, Attorney for Appellant Lorenzo Langford.

Robert A. Davitch, (Argued), Scott A. George, Sidkoff, Pincus & Green, P.C. 1101 Market Street Suite 2700 Philadelphia, PA 19107, Attorneys for Appellant William Marsh.

Gerald J. Corcoran (Argued), Debra B. Albuquerque, Youngblood, Corcoran, Aleli, Lafferty, Stackhouse, Grossman & Gormley, P.A. 3205 Fire Road, P.O. Box 850 Pleasantville, N.J. 08232, Attorneys for Appellees.

Before SLOVITER, AMBRO and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

The issue presented by this appeal is whether the plaintiffs, Lorenzo Langford ("Langford") and William Marsh ("Marsh"), can state a cause of action against a municipality, whose annual budget, by reason of a lack of funding, eliminated their school positions. We hold that where the plaintiffs' Complaint charging political retaliation alleges that the municipality, Atlantic...

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