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MARQUES v. FITZGERALD

No. 96-1245.

99 F.3d 1 (1996)

Stephen R. MARQUES, Plaintiff, Appellant, v. Kevin J. FITZGERALD, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 28, 1996.

Attorney(s) appearing for the Case

Thomas S. Brown with whom Stephen A. Rodio, Providence, RI, was on brief, for appellant.

Kathleen M. Powers with whom Marc DeSisto, Providence, RI, was on brief, for appellee.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and TAURO, District Judge.

COFFIN, Senior Circuit Judge.

This case concerns several claims brought by plaintiff-appellant, Stephen R. Marques, against the city of East Providence, Rhode Island, based on his discharge while a probationary employee of the city. Marques, who had refused to continue a work assignment on a boat at a city pond due to his fear of capsizing and was subsequently terminated, sued the city under both state and federal law; the city removed the case to federal court. The...

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