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BRAULT v. TOWN OF MILTON

No. 555, Docket 74-2370.

527 F.2d 730 (1975)

Gerard and Gemma BRAULT, Plaintiffs-Appellants, v. TOWN OF MILTON, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 24, 1975.

Submitted May 26, 1975.

On Rehearing October 1, 1975.

Attorney(s) appearing for the Case

Gilbert T. Normand, John A. Burgess, John A. Burgess Associates, Ltd., Montpelier, Vt., for plaintiffs-appellants, Gerard and Gemma Brault.

Matthew I. Katz, Latham, Eastman, Schweyer & Tetzlaff, Burlington, Vt., for defendant-appellee.

W. Bernard Richland, Corp. Counsel, New York City (L. Kevin Sheridan, Michael Ambrosio, New York City, of counsel), for amicus curiae.

Burt Neuborne, New York City (Lawrence G. Sager, Melvin L. Wulf, American Civil Liberties Union, New York City, Richard Kohn, Vermont Civil Liberties Union, Montpelier, Vt., of counsel), for amici curiae.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

On Rehearing En Banc October 1, 1975.

OPINION OF THE PANEL

J. JOSEPH SMITH, Circuit Judge:

Gerard and Gemma Brault initiated suit against the Town of Milton, Vermont, in the United States District Court for the District of Vermont to recover damages for the Town's alleged infringement of their property rights under the Due Process Clause of the federal Constitution's Fourteenth Amendment. On the defendant...

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