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COSTA v. MARKEY

No. 81-1361.

706 F.2d 1 (1982)

Lynda LeBoeuf COSTA, Plaintiff, Appellee, v. John A. MARKEY, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Opinion May 23, 1983.

Attorney(s) appearing for the Case

Armand Fernandes, Jr., New Bedford, Mass., for defendants, appellants.

Thomas F. McKenna, Boston, Mass., with whom Mariann Zampano, Brighton, Mass., was on brief, for plaintiff, appellee Lynda LeBoeuf Costa.

Francis X. Bellotti, Atty. Gen., Betty E. Waxman, Asst. Atty. Gen., Government Bureau, and Thomas A. Barnico, Asst. Atty. Gen., Government Bureau, Boston, Mass., on brief, for state plaintiff, appellee.

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

Opinion En Banc May 23, 1983.

BOWNES, Circuit Judge.

We granted the plaintiff's petition for a rehearing to examine the effect on this case of the Supreme Court's decision in Connecticut v. Teal, 457 U.S. 440, 102 S.Ct. 2525, 73 L.Ed.2d 130 (1982). Because we find that Teal mandates a reversal of our prior opinion, we restate the relevant facts.

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