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P I ENTERPRISES, INC. v. CATALDO

No. 71-1375.

457 F.2d 1012 (1972)

P I ENTERPRISES, INC., et al., Plaintiffs, Appellants, v. Charles J. CATALDO et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 31, 1972.

Attorney(s) appearing for the Case

Leslie H. Rudnick, Boston, Mass., for plaintiffs, appellants.

Richard F. Upton, Concord, N.H., with whom Upton, Sanders & Upton, Concord, N.H., was on brief, for Marshall French and others, defendants, appellees.

Charles F. Leahy, Concord, N.H., with whom Neil F. Castaldo, Concord, N.H., was on brief, for Charles J. Cataldo and others, defendants, appellees.

Theodore Wadleigh, with whom Wadleigh, Starr, Peters, Dunn & Kohls, Manchester, N.H., was on brief, for David J. Killkelley, defendant, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

This appeal involves the effect of a state court decision adverse to appellants' constitutional and other legal contentions upon their subsequent civil rights action in federal court based on substantially identical facts and claims. Appellants, P I Enterprises, Inc. and Nelmy Leasing, Inc., petitioned the New Hampshire state court for a declaratory judgment voiding a town of Meredith ordinance which limited the height of buildings. The New...

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