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PASDON v. CITY OF PEABODY

No. 04-2314.

417 F.3d 225 (2005)

Steven E. PASDON, Plaintiff, Appellant, v. CITY OF PEABODY; Sheila McDaid, in her professional and personal capacities; Chief Robert Champagne, in his professional and personal capacities, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 9, 2005.

Attorney(s) appearing for the Case

Mary-Ellen Manning, on brief, for appellant.

Katharine Goree Doyle, with whom Kopelman and Paige, P.C., was on brief, for appellees.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

TORRUELLA, Circuit Judge.

This matter is before us on appeal from a dismissal of the complaint pursuant to Federal Rule of Civil Procedure 12(c).1 We affirm the decision of the district court. The standard for evaluating a Rule 12(c) motion for judgment on the pleadings is essentially the same as that for deciding a Rule 12(b)(6) motion. "[T]he trial court must accept all of the nonmovant's well-pleaded factual averments as true...

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