HORTA v. SULLIVAN

No. 92-1962.

36 F.3d 210 (1994)

Debra HORTA, Plaintiff, Appellant, v. Charles B. SULLIVAN, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 29, 1994.


Attorney(s) appearing for the Case

Sheila M. Tierney with whom Tierney Law Office, New Bedford, MA, was on brief, for appellant.

Linda M. Walsh with whom Kroll & Tract, Boston, MA, was on brief, for appellees Charles B. Sullivan, Paul G. Sadeck, Edward Mello and Town of Freetown.

James F. Gettens with whom Healy & Rocheleau, P.C., Worcester, MA, was on brief, for appellees Jeffrey Mennino, James K. Bowles, and Town of Lakeville.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.


LEVIN H. CAMPBELL, Senior Circuit Judge.

In our earlier disposition of this appeal1, we disposed of all claims except appellant's claim against the town of Lakeville under the Massachusetts Tort Claims Act, Mass.Gen.L. ch. 258 (Count IV). We retained appellate jurisdiction over the latter claim against Lakeville pending an answer to the following question, which we certified to the Massachusetts Supreme Judicial Court pursuant to its Rule...

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