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BURNS v. STATE POLICE ASS'N OF MASSACHUSETTS

No. 99-2299.

230 F.3d 8 (2000)

John A. BURNS, Plaintiff, Appellant, v. STATE POLICE ASSOCIATION OF MASSACHUSETTS and Dean Bennett, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 24, 2000.

Attorney(s) appearing for the Case

Harrison A. Fitch and Joel P. Suttenberg for appellant.

Brian Rogal with whom Timothy M. Burke was on brief for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

COFFIN, Senior Circuit Judge.

Plaintiff-appellant John Burns claims that the State Police Association of Massachusetts (SPAM) and one of its officers conspired to prevent his promotion to a higher rank in the state police force because of his race, in violation of 42 U.S.C. § 1985(3). Concluding that a conspiracy could not exist between a corporation and one of its officers acting in his official capacity, the district court granted summary judgment for defendants...

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