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YERARDI'S MOODY ST. RESTAURANT v. BD. OF SELECTMEN

No. 90-1876.

932 F.2d 89 (1991)

YERARDI'S MOODY STREET RESTAURANT & LOUNGE, INC., Plaintiff, Appellant, v. BOARD OF SELECTMEN OF THE TOWN OF RANDOLPH, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 9, 1991.

Rehearing and Rehearing Denied July 25, 1991.

Attorney(s) appearing for the Case

Michael W. Reilly, Boston, Mass., with whom Robert D. Ahearn, Milton, Mass., and Pichette, Reilly & Jackson, P.C., Boston, Mass., were on brief, for plaintiff, appellant.

John Foskett, Boston, Mass., with whom Paul R. DeRensis and Deutsch Williams Brooks DeRensis Holland & Drachman, P.C., Nantucket, Mass., were on brief, for defendant, appellee.

Before CYR, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied July 25, 1991.

COFFIN, Senior Circuit Judge.

In this appeal, we are asked to decide whether a town decisionmaking body may be held liable for an equal protection violation if less than a majority of its members possesses bad faith intent. We need not answer the question, however, because we find that any error was harmless since plaintiff's proof of malicious intent to injure was too flimsy to support a rational jury...

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