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WALDEN, III, INC. v. STATE OF R. I.

No. 78-1074.

576 F.2d 945 (1978)

WALDEN, III, INC., et al., Plaintiffs, Appellants, v. STATE OF RHODE ISLAND et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 5, 1978.

Attorney(s) appearing for the Case

George M. Prescott, Lincoln, R. I., with whom Oster, Fay, Graff & Prescott, Lincoln, R. I., was on brief, for plaintiffs, appellants.

Allen P. Rubine, Asst. Atty. Gen., Division of Civil Litigation and Charitable Trusts, Providence, R. I., with whom Julius C. Michaelson, Atty. Gen., Providence, R. I., was on brief, for defendants, appellees State of Rhode Island et al.

Archibald B. Kenyon, Jr., Wakefield, R. I., for defendants, appellees Town of South Kingstown et al.

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

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs filed this action under 42 U.S.C. § 1983 on February 15, 1974, seeking damages for injuries alleged to be the outgrowth of events that occurred, at least in large measure, on December 24, 1969. The defendants moved for summary judgment on the ground that the statute of limitations barred the suit, and judgment was granted in favor of all defendants on December 22, 1977. 442 F.Supp. 1168

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