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O'BRIEN v. DiGRAZIA

No. 76-1292.

544 F.2d 543 (1976)

William L. O'BRIEN et al., Plaintiffs, Appellants, v. Robert J. DiGRAZIA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 8, 1976.

Attorney(s) appearing for the Case

Frank J. McGee, Marshfield, Mass., on brief for appellants.

Lawrence J. Ball, Sp. Asst. Corp. Counsel, Boston, Mass., and Michael DeMarco, counsel to the Police Commissioner, Malden, Mass., on brief for appellee.

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

COFFIN, Chief Judge.

The district court allowed the defendant's motion to dismiss for failure to state a claim and the plaintiffs appealed. Fed.R.Civ.Pro. 12(b)(6). Given this posture of the case, we accept as true all material allegations in the complaint. Robinson v. Stanley Home Prods. Co., 272 F.2d 601 (1st Cir. 1959); 2A Moore's Federal Practice ¶ 12.08 (1975). Those facts may be simply stated. The plaintiffs are...

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