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SHELLBURNE, INC. v. NEW CASTLE COUNTY

Civ. A. No. 3537.

293 F.Supp. 237 (1968)

SHELLBURNE, INC., a corporation of the State of Delaware, Plaintiff, v. NEW CASTLE COUNTY, C. Douglas Buck, Jr., John D. Daniello, Joseph F. Dayton, Henry Folsom, Harrison E. Frohock, Thomas J. Kealy, Richard Sincock, John J. Smith, and Joseph F. Toner, constituting the County Council of New Castle County, John Autenrieth and Glen Schertz, Defendants.

United States District Court D. Delaware.

November 4, 1968.

Attorney(s) appearing for the Case

Donald W. Booker, Booker, Leshem, Green & Shaffer, Wilmington, Del., for plaintiff.

Harvey B. Rubenstein, Asst. County Atty., Wilmington, Del., Clarence W. Taylor, Wilmington, Del., for defendants New Castle County and Members of County Council.

Joseph T. Walsh, Wilmington, Del., for defendants John Autenrieth and Glen Schertz.

OPINION

STEEL, District Judge:

Plaintiff brought this action under 42 U.S.C. §§ 1983 and 1985(3), known as the Civil Rights Act, for alleged violation of his civil rights under color of laws which are constitutionally invalid, and also under the common law to vindicate federally guaranteed rights. Jurisdiction exists under 28 U.S.C. § 1343 (3), (4) and purports to exist under § 1331(a).1 The defendants are...

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