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DONOVAN v. CITY OF HAVERHILL

No. 02-1279.

311 F.3d 74 (2002)

Janet DONOVAN; Thomas Donovan, Plaintiffs, Appellants, v. CITY OF HAVERHILL; James Rurak, Mayor; James Flaherty, Individually and as agent of the City of Haverhill, Defendants, Appellees, Verizon Communications, Inc., Defendant.

United States Court of Appeals, First Circuit.

Decided November 15, 2002.

Attorney(s) appearing for the Case

Rosemary A. Macero, with whom Macero and Associates, P.C. was on brief, for appellants.

Gregg J. Corbo, with whom Joseph L. Tehan, Jr. and Kopelman and Paige, P.C. were on brief, for appellees.

Before TORRUELLA, Circuit Judge, B. FLETCHER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

Plaintiffs-appellants, Janet and Thomas Donovan ("the Donovans"), appeal from the district court's grant of judgment on the pleadings in favor of defendants-appellees.1 After a thorough review of parties' briefs and the record, we affirm the district court's determination for the reasons stated below.

I. Background

On June 14, 2000, the Donovans submitted an application to move their house on...

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