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GARGIULO v. DELSOLE

No. 85-7238.

769 F.2d 77 (1985)

Susan GARGIULO, et al., Plaintiffs-Appellants, v. L. DELSOLE, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 29, 1985.

Attorney(s) appearing for the Case

Sue L. Wise, New Haven, Conn. (Jeffrey J. Drewniany, Williams & Wise, New Haven, Conn., on brief), for plaintiffs-appellants.

Dennis Laccavole, Bridgeport, Conn. (Thomas M. Germain, Bai, Pollock & Dunnigan, Bridgeport, Conn., on brief), for defendants-appellees.

Before KEARSE and CARDAMONE, Circuit Judges, and WYATT, District Judge.

KEARSE, Circuit Judge:

Plaintiffs Susan Gargiulo and Carmel Eamiello appeal from a final judgment entered in the United States District Court for the District of Connecticut following a bench trial before Thomas F. Murphy, Judge, dismissing their action brought under 42 U.S.C. § 1983 (1982). Plaintiffs contend that the court erred in not allowing the case to be tried to a jury. We agree and remand for a jury trial.

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