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FUSCO v. STATE OF CONN.

No. 1503, Docket 86-7075.

815 F.2d 201 (1987)

Vincent W. FUSCO and Carol M. Fusco, Plaintiffs-Appellants, v. The STATE OF CONNECTICUT, the Town of Trumbull, the Planning and Zoning Commission of the Town of Trumbull, the Zoning Board of Appeals of the Town of Trumbull, Donald Murray, Individually and as Building official for the Town of Trumbull, Frank Fennell and Gloria Fennell and Albert A. D'Amato, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1987.

Order Reconsidering Petition for Rehearing July 2, 1987.

As Amended July 7, 1987.

Attorney(s) appearing for the Case

Edward F. Kunin, Bridgeport, Conn., for plaintiffs-appellants.

Lawrence A. Ouellette, Jr., Bridgeport, Conn. (McNamara and Kenney, Bridgeport, Conn., of counsel), for defendants-appellees Frank Fennell and Gloria Fennell.

Ralph L. Palmesi, Trumbull, Conn. (Palmesi, Kaufman, Portanova & Goldstein, Trumbull, Conn., of counsel), for defendants-appellees Town of Trumbull, Trumbull Planning & Zoning Com'n, Zoning Bd. of Appeals of the Town of Trumbull, and Donald Murray.

Kevin F. Collins, Easton, Conn., for defendant-appellee Albert A. D'Amato.

Before WINTER and MAHONEY, Circuit Judges, and ZAMPANO, District Judge.

MAHONEY, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the District of Connecticut granting defendants' oral motion to dismiss the complaint in a lawsuit brought pursuant to 42 U.S.C. § 1983 (1982) in which plaintiffs sought declaratory and injunctive relief to redress alleged violations of their rights under the fourteenth amendment. We affirm.

BACKGROUND

Since the court below dismissed the complaint...

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