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ALTON LAND TRUST v. TOWN OF ALTON

No. 84-1212.

745 F.2d 730 (1984)

ALTON LAND TRUST and Cedar Mountain Development Corporation, Plaintiffs, Appellants, v. TOWN OF ALTON, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 12, 1984.

Attorney(s) appearing for the Case

David K. Pinsonneault, Nashua, N.H., with whom Winer, Pillsbury & Bennett, Nashua, N.H., was on brief, for plaintiffs, appellants.

Alan R. Kusinitz, Manchester, N.H., with whom Wiggin & Nourie, Manchester, N.H., Walter L. Mitchell, Nighswander, Martin, Kidder & Mitchell, Laconia, N.H., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, COWEN, Senior Circuit Judge, and BOWNES, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

Alton Land Trust ("Trust") and Cedar Mountain Development Corporation ("Cedar") bring this appeal from a decision of the United States District Court for the District of New Hampshire granting a motion to dismiss under Fed.R.Civ.P. 12(b)(6) that the appellee Town of Alton ("Town") had filed. Appellants claim that the Town violated their rights under the fifth and fourteenth amendments by unreasonably denying their applications for subdivision...

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