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HILL v. TOWN OF CONWAY

No. 99-1019.

193 F.3d 33 (1999)

Arliss J. HILL, Verona A. Johnson, Trustee William A. Johnson Revocable Living Trust and Carol J. Hennum, Trustee Carol J. Hennum Living Trust d/b/a Mountain Valley Mall Associates, Plaintiffs, Appellants, v. TOWN OF CONWAY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 4, 1999.

Attorney(s) appearing for the Case

Randall F. Cooper and Cooper, Deans & Cargill, P.A. on brief, for appellants.

Russell F. Hilliard, David P. Slawsky, and Upton, Sanders & Smith on brief, for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and POLLAK, Senior District Judge.

POLLAK, District Judge.

The question presented by this appeal is whether the District Court for the District of New Hampshire was correct in dismissing, for lack of subject matter jurisdiction, a suit under 42 U.S.C. § 1983, brought by plaintiffs, as owners of the Mountain Valley Mall in North Conway, New Hampshire, against the Town of Conway ("Town"). In their § 1983 suit plaintiffs have alleged that the Town effectuated an uncompensated—and hence...

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