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RUMERY v. TOWN OF NEWTON

No. 85-1508.

778 F.2d 66 (1985)

Bernard E. RUMERY, Jr., Plaintiff, Appellant, v. TOWN OF NEWTON, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 2, 1985.

Attorney(s) appearing for the Case

Charles P. Bauer with whom G. Wells Anderson and Hall, Morse, Gallagher & Anderson, Concord, N.H., were on brief, for plaintiff, appellant.

James S. Yakovakis with whom Brian T. McDonough, James S. Yakovakis Professional Ass'n, Donald E. Gardner and Devine, Millimet, Stahl & Branch Professional Ass'n, Manchester, N.H., were on brief, for defendants, appellees.

Before COFFIN, BREYER and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

Bernard E. Rumery, Jr. ("appellant") appeals from a judgment entered April 30, 1985 in the District of New Hampshire, Martin F. Loughlin, District Judge, granting defendants' motion to dismiss appellant's § 1983 claim and various pendent state law claims. The district court dismissed the complaint based on appellant's prior execution of a covenant not to sue, negotiated in exchange for the state prosecutor's decision to nolle...

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