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MALLORY v. CITIZENS UTILITIES COMPANY

No. 189, Docket 29995.

358 F.2d 386 (1966)

Elsinor Prouty MALLORY, Plaintiff-Appellee, v. CITIZENS UTILITIES COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 1, 1966.

Attorney(s) appearing for the Case

Kenneth P. Akey, Burlington, Vt. (Frederick J. Fayette, Burlington, Vt., on the brief), for appellee.

Milton S. Gould, New York City (Clifton G. Parker, Morrisville, Vt., Shea, Gallop, Climenko & Gould, New York City, on the brief), for appellant.

Before SMITH, HAYS and ANDERSON, Circuit Judges.

HAYS, Circuit Judge:

This case is before us for a second time, having been remanded on a previous appeal for the district court to make findings of fact and conclusions of law and to enter judgment thereon. Mallory v. Citizens Utilities Company, 342 F.2d 796 (2d Cir. 1965).

For a number of years prior to 1962 there had been litigation in both the courts of the State of Vermont and in the United States District Court for the...

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