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VOUTOUR v. VITALE

Nos. 84-1159, 84-1214.

761 F.2d 812 (1985)

James T. VOUTOUR, Plaintiff, Appellee, v. Harold VITALE, et al., Defendants, Appellants. James T. VOUTOUR, Plaintiff, Appellant, v. Harold VITALE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 29, 1985.

As Amended May 8, 1985.

Rehearing Denied May 8, 1985.

Rehearing Denied May 9, 1985.

Attorney(s) appearing for the Case

Richard L. Neumeier, Boston, Mass., with whom James F. Meehan, Cheri L. Crow and Parker, Coulter, Daley & White, Boston, Mass., were on brief for James T. Voutour.

Alan Garber, Boston, Mass., with whom Philip A. Mason and Mason & Martin, Boston, Mass., were on brief for Harold Vitale.

Gael Mahony, Boston, Mass., with whom Michael S. Greco, Robert G. Dreher and Hill & Barlow, Boston, Mass., were on brief for Town of Saugus and Fred Forni.

Richard M. Magnan, Andover, Mass., with whom George O. Gregson, Saugus, Mass., was on brief for Howard Wheeler.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and PEREZ-GIMENEZ, District Judge.

Rehearing En Banc Denied May 9, 1985.

PER CURIAM.

This appeal is from the judgment entered in a section 1983 civil rights action and pendent state tort claim arising out of the shooting of plaintiff James T. Voutour by a Saugus police officer, defendant Harold Vitale. We start with a capsulated account of the circumstances leading to the shooting.

THE FACTS

Voutour and two companions, Dennis MacDonald and Lawrence Dionne, spent the night...

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