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FLETCHER v. WAGNER

No. Civ.A. 00-30207-MAP.

221 F.Supp.2d 153 (2002)

Alan G. FLETCHER, Plaintiff, v. Robert WAGNER, Defendant.

United States District Court, D. Massachusetts.

August 22, 2002.

Attorney(s) appearing for the Case

Cornelius J. Moriarty, II, Moriarty & Wilson, Holyoke, MA, for Alan G. Fletcher, plaintiff.

Stewart T. Graham, Jr., Hampden, MA, for Robert Wagner, defendant.

John H. Fitz-Gibbon, Green, Miles, Lipton, White & Fitz-Gibbon, Northampton, MA, for City of Holyoke, counter-defendant.

MEMORANDUM AND ORDER REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Docket No. 33)

PONSOR, District Judge.

Plaintiff has brought an action for common law abuse of process and malicious prosecution. The case appears in this federal court in a rather unusual posture, with removal jurisdiction based upon allegations contained in the defendant's counterclaim. The counterclaim has been severed and will be tried with a related case beginning in November...

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