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KELLY v. MARCANTONIO

Nos. 98-1438, 98-1439, 98-1533, 98-1542, 98-2137 and 98-2138.

187 F.3d 192 (1999)

Michael E. KELLY, Plaintiff, Appellant, v. Robert MARCANTONIO, etc., et al., Defendants, Appellees. Stephen B. Kelly, Plaintiff, Appellant, v. Robert Marcantonio, etc., et al., Defendants, Appellees. Michael E. Kelly, Plaintiff, Appellee, v. Robert Marcantonio, Defendant, Appellee. Roman Catholic Bishop, et al., Defendants, Appellants. Stephen B. Kelly, Plaintiff, Appellee. v. Robert Marcantonio, Defendant, Appellee. Roman Catholic Bishop, et al., Defendants, Appellants. Kenneth Smith, Plaintiff, Appellant, v. William C. O'Connell, et al., Defendants, Appellees. Kenneth Smith, Plaintiff, Appellee, v. William C. O'Connell, et al., Defendant, Appellee. Roman Catholic Bishop, et al., Defendants, Appellants.

United States Court of Appeals. First Circuit.

Decided August 6, 1999.

Attorney(s) appearing for the Case

Richard C. Bicki, with whom Susan E. McGuirl, Cerilli, McGuirl & Bicki, Lise Iwon and Laurence & Iwon were on brief, for appellants Michael E. Kelly and Stephen B. Kelly.

Carl P. DeLuca for appellant Kenneth Smith.

Thomas R. Bender, with whom James T. Murphy, Hanson, Curran, Parks & Whitman and William T. Murphy were on brief, for appellees Roman Catholic Bishop, et al.

Gerald C. DeMaria, with whom Paul S. Callaghan and Higgins Cavanagh & Cooney, LLP were on brief, for appellee Robert Marcantonio.

Charles Wilson, with whom William T. Murphy, James T. Murphy, Thomas R. Bender and Hanson, Curran, Parks & Whitman were on brief for defendants.

Before Torruella, Chief Judge, Stahl and Lynch, Circuit Judges.

TORRUELLA, Chief Judge.

In these consolidated cases, plaintiff-appellants Michael Kelly, Stephen Kelly, and Kenneth Smith seek to recover damages for alleged sexual abuse they suffered when they were minors. Plaintiff-appellants allege that the perpetrators of this sexual abuse were priests serving in the Roman Catholic Diocese of Providence, Rhode Island. The defendant-appellees are the priests, Father Robert Marcantonio ("Marcantonio") and Father William C. O'Connell...

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