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O'GRADY v. CITY OF MONTPELIER

Civ. A. No. 76-20.

474 F.Supp. 186 (1979)

Robert O'GRADY and Angeles O'Grady 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.

United States District Court, D. Vermont.

June 28, 1979.

Attorney(s) appearing for the Case

William Ryan, Ryan & Ryan, and John A. Burgess, Montpelier, Vt., for plaintiffs.

John Dinse, Dinse, Allen & Erdmann, Burlington, Vt., for defendant Munson Earth Moving Corp.

W. Edson McKee, McKee, Guiliani & Cleveland, Montpelier, Vt., for all remaining defendants.

OPINION AND ORDER

COFFRIN, District Judge.

In this action plaintiffs allege that the City of Montpelier, certain city officials, and the Munson Earth Moving Corporation ("Munson") have deprived them of the use and enjoyment of income-producing property in violation of the due process and just compensation guarantees of the fifth and fourteenth amendments to the Constitution. Suit is brought directly under the fourteenth amendment on the jurisdictional base...

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