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RAMSGATE CT. TOWNHOME ASS'N v. WEST CHESTER

No. 01-2905.

313 F.3d 157 (2002)

RAMSGATE COURT TOWNHOME ASSOCIATION; James C. Hamilton, Inc.; John P. O'Connell; Linda L. O'Connell; Gay Street Restaurant Development, LLC, on Behalf of Themselves and All Others Similarly Situated v. WEST CHESTER BOROUGH Ramsgate Court Townhome Association; James C. Hamilton, Inc.; John P. O'Connell; Linda L. O'Connell; Gay Street Restaurant Development, LLC, on behalf of themselves and the class they seek to represent, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 16, 2002.

Attorney(s) appearing for the Case

Robert D. Greenbaum & Associates, LLC, Robert D. Greenbaum (Argued), Philadelphia, PA, Fineman & Bach, P.C., S. David Fineman, Gary A. Krimstock, Philadelphia, PA, for Appellants.

Buckley, Nagle, Brion, McGuire, Morris & Sommer LLP, Kristin S. Camp (Argued), Glenn E. Davis, Stephen P. McGuire, Brian L. Nagle, West Chester, PA, for Appellee.

Before ROTH, FUENTES, and GIBSON, Circuit Judges.

OPINION OF THE COURT

GIBSON, Circuit Judge.

Ramsgate Court Townhome Association and other property owners1 (referred to collectively as "Ramsgate") appeal from the district court's order dismissing their complaint against West Chester Borough for failure to state a claim upon which relief can be granted. Ramsgate's putative class action challenged the Borough's trash collection ordinance under the Equal Protection Clause of the...

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