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O'GRADY v. CITY OF MONTPELIER

No. 223, Docket 77-7302.

573 F.2d 747 (1978)

Robert and Angeles O'GRADY, Appellants, v. CITY OF MONTPELIER, Montpelier City Department of Public Works, Stephen A. Gray, Director of Public Works, Richard W. Curtis, Mayor, City of Montpelier, Charles B. Nichols, Jr., Norman J. Coates, Gordon R. Wilkinson, Carroll W. Ayer, Jr., Donald C. Rowan, H. John Lackey, Jr., Individually and in their capacities as aldermen for the City of Montpelier during the year 1972, Roland J. Dubay, City Manager for the City of Montpelier, and Munson Earth Moving Corporation, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 27, 1978.

Attorney(s) appearing for the Case

John A. Burgess, Burgess & Normand, Ltd., Montpelier, Vt. (William J. Ryan, Ryan & Ryan, Montpelier, Vt., of counsel), for appellants.

W. Edson McKee, McKee, Giuliani & Cleveland, Montpelier, Vt., for appellees City of Montpelier, Montpelier City Department of Public Works, Gray, Curtis, Nichols, Coates, Wilkinson, Ayer, Rowan, Lackey, and Dubay.

Richard H. Gregory, III, Dinse, Allen & Erdmann, Burlington, Vt., for appellee Munson.

Before FEINBERG, OAKES and GURFEIN, Circuit Judges.

OAKES, Circuit Judge:

Appellants, garage owners in Montpelier, Vermont, appeal the dismissal of their two-pronged complaint seeking damages in excess of $10,000 against the City of Montpelier,1 certain City officials,2 and a local contractor, Munson Earth Moving Corporation (Munson). The complaint first alleges that appellants were denied due process of law when the...

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