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DAGUE v. CITY OF BURLINGTON

Civ. No. 85-269.

733 F.Supp. 23 (1990)

Ernest DAGUE, Sr., Ernest Dague, Jr., and Betty Dague, Plaintiffs, v. CITY OF BURLINGTON, Defendant.

United States District Court, D. Vermont.

March 15, 1990.

Attorney(s) appearing for the Case

William W. Pearson, Downs, Rachlin & Martin, Burlington, Vt., for plaintiffs.

Michael B. Clapp, Dinse, Erdmann & Clapp, Burlington, Vt., for defendant.

OPINION AND ORDER

BILLINGS, Chief Judge.

On December 11, 1989 defendant moved, pursuant to Fed.R.Civ.P. 12 and 56 for dismissal and/or summary judgment as to Counts II, III and, in part, Count IV. Trial by court on defendant's liability as to these counts was held in May 1989 and with the exception of Count I this court found substantially for the plaintiffs. See Dague v. City of Burlington, 732 F.Supp. 458 (D...

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