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CUTTING v. MUZZEY

No. 83-1544.

724 F.2d 259 (1984)

Charles F. CUTTING, Plaintiff, Appellant, v. Robert MUZZEY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 10, 1984.

Attorney(s) appearing for the Case

William H. Hopkins, Plymouth, N.H., with whom Ray & Hopkins, P.A., Plymouth, N.H., was on brief, for plaintiff, appellant.

H. Bernard Waugh, Jr., Hanover, N.H., with whom Laurence F. Gardner, Law Office of Laurence F. Gardner, Hanover, N.H., Matthias J. Reynolds, and Devine, Millimet, Stahl & Branch, Manchester, N.H., were on brief, for defendants, appellees.

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

COFFIN, Circuit Judge.

Plaintiff, a developer, brought a civil rights action against the members of a town planning board, alleging that they violated the Constitution's guarantees of due process and equal protection by imposing "outrageous conditions"1 on the development of plaintiff's subdivision. Plaintiff alleges that the board's action was motivated by racial animus towards the plaintiff's purchasers, all of whom had Italian surnames...

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