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ROSSI v. GEMMA

Nos. 06-2020, 06-2021.

489 F.3d 26 (2007)

Robert V. ROSSI; Linda A. Rossi, Plaintiffs, Appellants, v. Leonard P. GEMMA, individually and in his capacity as President of Gem Plumbing & Heating Co., Inc.; Robert J. Levine, individually and in his capacity as a general partner of Gemma & Levine; Henry S. Kinch, Jr., in his capacity as Clerk of the Providence County Superior Court, Defendants, Appellees. Robert V. Rossi; Linda A. Rossi, Plaintiffs, Appellants, v. Gem Plumbing & Heating Co., Inc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 31, 2007.

Attorney(s) appearing for the Case

Patrick J. Dougherty, for appellants.

Steven J. Brouillard, with whom Theodore Orson, and Orson and Brusini Ltd. were on brief, for appellees Leonard P. Gemma and Gem Plumbing & Heating Co., Inc.

Michael W. Field, Special Assistant Attorney General, and Patrick C. Lynch, Attorney General, on brief for appellee Henry S. Kinch, Jr.

Before LYNCH, Circuit Judge, GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

Robert V. Rossi and Linda A. Rossi ("the Rossis") were named as respondents in a state court lien enforcement petition brought in May 2002 by Gem Plumbing & Heating Co., Inc. ("Gem"). In that proceeding, the Rossis raised a due process argument that the Rhode Island Mechanics' Lien Law, R.I. Gen. Laws § 34-28-1 et seq., was unconstitutional. Although a state Superior Court justice accepted...

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