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PRESEAULT v. CITY OF BURLINGTON, VT

No. 04-1154-CV.

412 F.3d 96 (2005)

J. Paul PRESEAULT and Patricia Preseault, Individually, and as partners of 985 Associates, Ltd., Plaintiffs-Appellants, v. CITY OF BURLINGTON, VERMONT and State of Vermont, Defendants-Appellees,

United States Court of Appeals, Second Circuit.

Decided: June 15, 2005.

Attorney(s) appearing for the Case

Christina A. Jensen (Carl H. Lisman, on the brief), Lisman, Webster, Kirkpatrick & Leckerling, Burlington, VT, for Plaintiffs-Appellants.

William F. Ellis, McNeil, Leddy & Sheahan, Burlington, VT, for Defendants-Appellees.

Before: POOLER, B.D. PARKER, Circuit Judges, CASTEL, District Judge.

CASTEL, District Judge.

Plaintiffs-appellants J. Paul and Patricia Preseault are the owners of a fee simple interest in adjoining parcels of land located in Burlington, Vermont. In July 2002, the defendant-appellee City of Burlington (the "City") installed a fiber-optic cable over a portion of the Preseaults' property. The Preseaults commenced this action in the United States District Court for the District of Vermont, contending that the City installed the fiber...

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