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McGILLICUDDY v. CLEMENTS

No. 84-1228.

746 F.2d 76 (1984)

Jerome E. McGILLICUDDY, Plaintiff, Appellee, v. John A. CLEMENTS, etc., Defendant, Appellee. Ernst & Whinney, etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 11, 1984.

Attorney(s) appearing for the Case

Michael C. Harvell, Manchester, N.H., with whom Sheehan, Phinney, Bass & Green, Manchester, N.H., were on brief, for defendant, appellant.

Charles A. Russell, Concord, N.H., for plaintiff, appellee.

Before COFFIN and BOWNES, Circuit Judges, and SELYA, District Judge.

COFFIN, Circuit Judge.

Defendant Ernst & Whinney, a private accounting partnership, appeals from an order of the United States District Court for the District of New Hampshire denying its motion to dismiss a civil rights case against it for failure to state a claim.1 Ernst & Whinney contends that the plaintiff, Jerome E. McGillicuddy, failed to allege sufficient factual allegations to establish

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