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HASKELL v. PHINNEY

460 A.2d 1354 (1983)

Richard P. HASKELL v. C. Wesley PHINNEY, Jr., et al.

Supreme Judicial Court of Maine.

Decided May 26, 1983.

Attorney(s) appearing for the Case

Herbert H. Bennett & Associates, P.A., Lawrence C. Winger (orally), Portland, for plaintiff.

Gene Libby, Dist. Atty., Janmarie Toker (orally), Asst. Dist. Atty., Alfred, for defendants.

Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER and WATHEN, JJ.

CARTER, Justice.

Appellant appeals the denial of his Rule 15(a) motion to amend Count I of his complaint; the M.R.Civ.P. 12(b)(6) dismissal of Count I of his complaint, which was based on 42 U.S.C. § 1983; and the dismissal for want of prosecution of Count II of his complaint, which sought Rule 80B review of his employment termination. Because we conclude that the dismissal of Count I of the complaint was improper, we vacate that portion of the judgment and remand...

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