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NIEMANN v. HEWITT

Civ. A. No. 74-612.

387 F.Supp. 926 (1974)

Lawrence B. NIEMANN et al., Plaintiffs, v. Charles C. HEWITT et al., Defendants.

United States District Court, W. D. Pennsylvania.

November 5, 1974.

Attorney(s) appearing for the Case

Thomas J. Dempsey, Pittsburgh, Pa., for plaintiffs.

Leonard M. Mendelson, Hollinshead & Mendelson, Pittsburgh, Pa., for defendants, John A. Friday, Jr. and Helene W. Friday.

Frank R. Bolte, Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, Pittsburgh, Pa., for defendants, Charles C. Hewitt, J. K. Beeson and R. K. Follansbee.

Before MARIS, Circuit Judge, and GOURLEY and SCALERA, District Judges.

OPINION OF THE COURT

MARIS, Circuit Judge.

This district court of three judges has been convened, pursuant to 28 U.S.C. § 2281, to consider the application of the plaintiffs in this case for an injunction to restrain the defendants from proceeding with a hearing by the defendants Hewitt, Beeson and Follansbee as members of the Zoning Hearing Board of the Borough of Fox Chapel in Allegheny County, Pennsylvania on the application of the defendants John...

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