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PRESEAULT v. CITY OF BURLINGTON, VT

Docket No. 04-1154-CV.

464 F.3d 215 (2006)

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: September 13, 2006.

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, and CASTEL, District Judge.

PER CURIAM.

Plaintiffs-appellants J. Paul and Patricia Preseault filed suit against the City of Burlington and the State of Vermont alleging that the installation of a fiber-optic cable over a portion of their property, without compensation to them, violated the Takings Clause of the Fifth Amendment. The claim was brought under 42 U.S.C. § 1983 and sought money damages and injunctive relief. The State of Vermont was sued as the successor-in-title to the railroad...

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