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CURNIN v. TOWN OF EGREMONT

No. 07-1876.

510 F.3d 24 (2007)

Miriam CURNIN; Thomas F. Curnin, Plaintiffs, Appellants, v. TOWN OF EGREMONT; Thomas Gage, Town Moderator; Bruce Turner, Board of Selectmen; Philip Reilly, Board of Selectmen; Mary Brazie, Board of Selectmen, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 29, 2007.

Attorney(s) appearing for the Case

Landis C. Best with whom Judith C. Knight, Joseph H. Zwicker, Choate Hall & Stewart LLP, Nicholas Boski, and Cahill Gordon & Reindel LLP were on brief for appellants.

Nancy Frankel Pelletier with whom David S. Lawless and Robinson Donovan, P.C. were on brief for appellees.

Before LYNCH, Circuit Judge, CAMPBELL and SELYA, Senior Circuit Judges.

LYNCH, Circuit Judge.

This case raises First Amendment questions about limiting the participation of non-voters at a New England town meeting.

Miriam and Thomas Curnin, who own property but are not registered to vote in the town of Egremont, Massachusetts, appeal from the district court's refusal to grant a preliminary injunction mandating that they be permitted to speak at Egremont's town meeting. The Curnins contend that the town meeting is a designated...

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