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AUBIN v. FUDALA

Nos. 83-1147 thru 83-1150.

782 F.2d 280 (1983)

Lionel AUBIN, et al., Plaintiffs, Appellees, v. Stanley FUDALA, et al., Defendants, Appellees. Appeal of TOWN OF BEDFORD and Richard Audette, in his capacity as Chief of Police of the Town of Bedford, Defendants, Appellants. Lionel AUBIN, et al., Plaintiffs, Appellants, v. Stanley FUDALA, et al., Defendants, Appellees. Lionel AUBIN, et al., Plaintiffs, Appellees, v. Stanley FUDALA, Paul Biron and Leo Morency, Defendants, Appellants. Lionel AUBIN, et al., Plaintiffs, Appellees, v. Stanley FUDALA, et al., Defendants, Appellees. Appeal of John J. MEANEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Mark L. Mallory, Manchester, N.H., with whom Law Offices of Augustine J. McDonough, P.A., Manchester, N.H. was on brief, for Town of Bedford and Richard Audette, in his capacity as Chief of Police of the Town of Bedford.

Theodore Wadleigh, with whom Katherine M. Hanna, and Wadleigh, Starr, Peters, Dunn & Chiesa, Manchester, N.H. were on brief, for Stanley Fudala, Paul Biron and Leo Morency.

Robert K. Mekeel, with whom Joseph F. McDowell, III, and Craig, Wenners & McDowell, P.A., Manchester, N.H., were on brief, for Lionel Aubin, et al.

Betsy S. Westgate, Asst. Atty. Gen., Concord, N.H. with whom Gregory H. Smith, Atty. Gen., Concord, N.H. was on brief, for John J. Meaney.

Before CAMPBELL, Chief Judge, SKELTON, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

The legal questions that plaintiffs and defendants raise in their cross-appeals in this "civil rights/tort" case are for the most part rooted in the facts and the evidence produced at trial. That is to say, the answers to the parties' legal claims—e.g. that the district court should have given certain instructions, that it should have directed verdicts on certain issues but not others—can be determined only by a study of...

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