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WHITING v. KIRK

Nos. 91-1726, 91-1727.

960 F.2d 248 (1992)

Steven WHITING, Plaintiff, Appellee, v. George I. KIRK, Jr., et al., Defendants, Appellees. Robert S. Choquette, Defendant, Appellant. Steven WHITING, Plaintiff, Appellee, v. George I. KIRK, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

As Amended April 6, 1992.

Attorney(s) appearing for the Case

Terrence G. Simpson, with whom Kelly, Kelleher, Reilly & Simpson, Providence, R.I., was on brief, for defendant, appellant Robert S. Choquette.

Nathaniel J. Nazareth, Jr., with whom Rogers & Nazareth, North Kingstown, R.I., was on brief, for defendant, appellant George I. Kirk, Jr.

Kevin M. Brill, with whom Corrente, Brill & Kusinitz, Providence, R.I., was on brief, for plaintiff, appellee Steven Whiting.

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

TORRUELLA, Circuit Judge.

Appellee Steven Whiting filed a 42 U.S.C. § 1983 suit against appellants George I. Kirk Jr., a constable, Lieutenant Robert S. Choquette, a Town of South Kingstown Rhode Island police officer and non-appellants Officer Ernest J. Petrarca (Choquette's subordinate), the Town of South Kingstown and attorney George J. Bauerle, III, seeking damages stemming from an improper administration of a writ of execution which resulted in Whiting's...

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