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CHESTNUT v. CITY OF LOWELL

Nos. 00-1840, 00-1996.

305 F.3d 18 (2002)

Craig CHESTNUT, Plaintiff, Appellee, v. CITY OF LOWELL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

September 20, 2002.

Attorney(s) appearing for the Case

Thomas E. Sweeney, City Solicitor, with whom Christine P. O'Connor, Assistant City Solicitor, was on brief for appellant.

Daniel S. Sharp with whom Elaine Whitfield Sharp, Whitfield Sharp and Sharp and Randy M. Hitchcock were on brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges, CYR, Senior Circuit Judge, LYNCH, LIPEZ and HOWARD, Circuit Judges.

EN BANC OPINION

PER CURIAM.

Defendant the City of Lowell ("City"), claiming immunity to punitive damages under City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 101 S.Ct. 2748, 69 L.Ed.2d 616 (1981), appeals from a judgment of punitive damages in a suit filed under 42 U.S.C. § 1983 (2000). A divided panel of this court affirmed on March 29, 2002, agreeing with the district court that the City's objection had...

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