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SAGER v. BURGESS

Civ. A. No. 72-1115.

350 F.Supp. 1310 (1972)

Louis SAGER and Sarah Sager, his wife, v. BURGESS and Borough Council of Pottstown et al.

United States District Court, E. D. Pennsylvania.

November 20, 1972.

Attorney(s) appearing for the Case

Lawrence Sager, Pottstown, Pa., for plaintiffs.

Ronald H. Reynier, Pottstown, Pa., James R. Adams, Deputy Atty. Gen., Harrisburg, Pa., for defendants.

Before GIBBONS, Circuit Judge, and WEINER and BECHTLE, District Judges.

MEMORANDUM OPINION

WEINER, District Judge.

This is an action under the Civil Rights Act (42 U.S.C. § 1983), brought as a class action under Fed.R.Civ.P. 23, for a declaratory judgment which seeks an adjudication to the effect that the Pennsylvania Municipal Claims Act, Act of May 16, 1923, P.L. 207, as amended, 53 P.S. § 7101 et seq. unconstitutionally deprives plaintiffs of property without due process of law which is guaranteed by the Fourteenth...

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