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LUPIEN v. CITIZENS UTILITIES CO.

Docket No. 97-9493.

159 F.3d 102 (1998)

John J. LUPIEN, Sr., Plaintiff-Appellant, Hansen-Lupien Corporation, Plaintiff-Counter-Defendant-Appellant, v. CITIZENS UTILITIES COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 28, 1998.

Attorney(s) appearing for the Case

Albert G. Besser, Law Offices of Russell D. Barr, Stowe, VT (Russell D. Barr, of counsel), for Plaintiff-Appellant and Plaintiff-Counter-Defendant-Appellant.

Robert B. Hemley, Gravel and Shea, Burlington, VT (Craig Weatherly, of counsel), for Defendant-Counter-Claimant-Appellee.

Before: CARDAMONE, CALABRESI, and STRAUB, Circuit Judges.

STRAUB, Circuit Judge:

Hansen-Lupien Corporation and John J. Lupien, Sr., ("H-L") appeal from (1) a judgment of the United States District Court for the District of Vermont (J. Garvan Murtha, Chief Judge) entered August 14, 1997, granting summary judgment dismissing H-L's complaint, and (2) a judgment of the same court entered October 21, 1997, and amended November 3, 1997, granting summary judgment in favor of the Citizens Utilities Company ("CUC") on its...

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