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WOMEN'S PAVILION, INC. v. TOWN OF BABYLON

No. 80 C 1689.

502 F.Supp. 420 (1980)

WOMEN'S PAVILION, INC., Plaintiff, v. TOWN OF BABYLON; Raymond Allmendinger, Town Supervisor; Herbert R. Zirk, Chief Building Inspector; Bruce Anderson, Building Inspector; Larry Bennett, Housing Inspector, Defendants.

United States District Court, E. D. New York.

November 28, 1980.

Attorney(s) appearing for the Case

Edward S. Raskin, Deer Park, N. Y. and Roy Lucas, Lynn I. Miller, Washington, D. C., for plaintiff.

Joseph F. Klein, Town Atty., Town of Babylon, Lindenhurst, N. Y., for defendants by Steven M. Schapiro, Asst. Town Atty., Massapequa, N. Y.

MEMORANDUM AND ORDER

NEAHER, District Judge.

On July 2, 1980, the court entered a preliminary injunction against defendants' application of a local zoning ordinance in a manner violative of plaintiff's constitutionally protected rights. On the afternoon of September 2, 1980, defendants filed with the Clerk of the Court a notice of appeal which was docketed on September 3, 1980.1 On October 18, 1980 the Clerk received a notice...

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