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FLEMING v. McENANY

No. 38, Docket 72-2350.

491 F.2d 1353 (1974)

Dorothy A. FLEMING, Plaintiff-Appellant, v. Evelyn McENANY et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 8, 1974.

Attorney(s) appearing for the Case

William M. McCarty, Jr., Brattleboro, Vt. (J. Morris Clark, Burlington, Vt., on the brief), for plaintiff-appellant.

Robinson E. Keyes, Rutland, Vt. (James T. Haugh and Ryan, Smith & Carbine, Rutland, Vt., on the brief), for defendant-appellee John G. Kissane.

John P. Maley, Burlington, Vt. (James M. Farrell and McNamara, Fitzpatrick, Sylvester, Farrell & Maley, Burlington, Vt., on the brief), for defendants-appellees Wesley Lagrow and Roland Keenan.

Before KAUFMAN, Chief Judge, LUMBARD and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

This appeal arises from another Vermont saga: a woman, in need of help to repair a flat tire, obtained such help from two male acquaintances whom she met in a bar; they in turn accompanied her on a full day of drinking at various bars; and toward evening, many miles from where they started, she drove her car through a store front. Following her arrest and eventual release on a state criminal charge and later on a state civil body attachment...

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