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SANTASUCCI v. GALLEN

No. 79-1254.

607 F.2d 527 (1979)

Antonio SANTASUCCI et al., Plaintiffs-Appellants, v. Hugh GALLEN et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided October 18, 1979.

Attorney(s) appearing for the Case

Jan Richard Schlichtmann, Newburyport, Mass., with whom E. Douglas Bolick, Newburyport, Mass., was on brief, for plaintiffs, appellants.

John C. Boeckeler, Asst. Atty. Gen., Concord, N.H., with whom Thomas D. Rath, John C. Boeckeler, Asst. Atty. Gen., Concord, N.H., was on brief, for defendants, appellees.

R. Carl Anderson, Concord, N.H., with whom Sulloway, Hollis & Soden, Concord, N.H., was on brief, for defendants, appellees Public Service Company of New Hampshire and Properties, Inc.

Before KUNZIG, Judge, U.S. Court of Claims, CAMPBELL, Circuit Judge, and DOOLING, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Appellants brought suit in the district court asserting a constitutional right to march and demonstrate on certain lands and ways in the town of Seabrook, New Hampshire. These form part of the construction site of a nuclear power facility being built by Public Service Company of New Hampshire (PSC), a private corporation. Appellants asked the district court for a declaration that the property in question had never validly been conveyed...

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