VAZZA v. CAMPBELL

No. 75-1111.

520 F.2d 848 (1975)

Richard R. VAZZA, Plaintiff-Appellant, v. Bruce CAMPBELL et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided August 8, 1975.


Attorney(s) appearing for the Case

W. P. Colin Smith, Jr., Boston, Mass., with whom Bradley, Barry & Tarlow, Boston, Mass., was on brief, for appellant.

John F. Hurley, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., and S. Stephen Rosenfeld, Asst. Atty. Gen., were on brief, for appellees.

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


COFFIN, Chief Judge.

Appellant brought this class action to challenge the constitutionality of the Massachusetts eminent domain statutes. Injunctive relief was sought, but the district court nonetheless refused to request a three-judge court, finding that no substantial constitutional question was presented. The parties thereafter filed legal memoranda, and oral argument was held. The court then dismissed the action for failure to state a claim upon which relief can...

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