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AUBIN v. FUDALA

No. 87-1036.

821 F.2d 45 (1987)

Lionel AUBIN, et al., Plaintiffs, Appellees, v. Stanley FUDALA, etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 22, 1987.

Attorney(s) appearing for the Case

Robert A. Casassa with whom Theodore Wadleigh and Wadleigh, Starr, Peters, Dunn & Chiesa, Manchester, N.H., were on brief, for defendant, appellant.

Gary L. Casinghino with whom William H. Craig and Craig & Wenners, P.A., Manchester, N.H., were on brief, for plaintiffs, appellees.

Before BOWNES and BREYER, Circuit Judges, and CAFFREY, Senior District Judge.

BREYER, Circuit Judge.

This case is before us for the third time. In Aubin v. Fudala, 782 F.2d 280 (1st Cir.1983) (Aubin I), we upheld jury verdicts awarding plaintiff Lionel Aubin $300,000 in a state tort action and $500 in a related federal civil rights action. Both claims arose out of a New Year's Eve, 1979, incident in which defendant, police officer Stanley Fudala, mistook Aubin for a burglar and shot him in the...

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