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WHITING v. MAIOLINI

No. 90-1600.

921 F.2d 5 (1990)

Hamilton J. WHITING, Plaintiff, Appellant, v. Henry F. MAIOLINI, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 7, 1990.

Order January 7, 1991.

Attorney(s) appearing for the Case

James R. McMahon, III, Buzzards Bay, Mass., for plaintiff, appellant.

Robert S. Troy, Sandwich, Mass., for defendants, appellees.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and WOODLOCK, District Judge.

TORRUELLA, Circuit Judge.

Appellant, Hamilton J. Whiting, brought suit in the United States District Court for the District of Massachusetts against Henry F. Maiolini, James A. Nelson, Jr., Alfred A. Harrington, and the Town of Bourne charging them with civil rights violations under 42 U.S.C. § 1983. Appellees filed a Rule 12(c) motion for judgment on the pleadings which the district court viewed as a Rule 12(b)(6) motion to dismiss for failure to state a claim...

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