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PENNEY v. MUNICIPAL COURT OF CHERRY HILL, STATE OF N.J.

Civ. A. No. 1236-69.

312 F.Supp. 938 (1970)

Luana PENNEY, individually, and on behalf of all other citizens similarly situated, Plaintiff, v. MUNICIPAL COURT OF CHERRY HILL, TOWNSHIP OF CHERRY HILL, STATE OF NEW JERSEY, and Attorney General of the State of New Jersey, Defendants.

United States District Court, D. New Jersey.

May 1, 1970.

Attorney(s) appearing for the Case

Leonard H. Wallach, Director Law Clinic of Camden Regional Legal Services, Inc., Camden, N. J., for plaintiff.

George F. Kugler, Jr., Atty. Gen. of New Jersey, by Michael L. Bitterman, Deputy Atty. Gen., Trenton, N. J., for defendants.

Before MARIS, Circuit Judge, and SHAW and COHEN, District Judges.

OPINION

COHEN, District Judge:

Plaintiff, Luana Penney, brought this purported class action under Rule 23(a) (1) and (3) of the Federal Rules of Civil Procedure, for herself and on behalf of all other citizens similarly situated. Her complaint, seeking injunctive and declaratory relief, demanded the convocation of a three-judge statutory court pursuant to 28 U.S.C. § 22811 and § 2284. Under attack is the constitutionality...

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