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McLAIN v. CITY OF SOMERVILLE

No. CIV.A. 04-11833-RCL.

424 F.Supp.2d 329 (2006)

Thomas McLAIN, Plaintiff, v. CITY OF SOMERVILLE, Defendant.

United States District Court, D. Massachusetts.

April 3, 2006.

Attorney(s) appearing for the Case

James F. Lamond, McDonald, Lamond & Cazoneri, Southborough, Alan J. Mc-Donald, McDonald, Lamond & Cazoneri, Southborough, MA, for Thomas McLain, Plaintiff.

Matthew J. Buckley, City Hall, Law Department, Somerville, MA, for City of Somerville, Defendant.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

LINDSAY, District Judge.

I. INTRODUCTION

The plaintiff Thomas McLain ("McLain") has brought this claim for wrongful "failure to hire" under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301-4333. He asserts that the City of Somerville ("Somerville" or the "City"), Massachusetts, violated his rights

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