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WHITE RIVER AMUSEMENT PUB v. TOWN OF HARTFORD

Docket No. 06-0233-cv.

481 F.3d 163 (2007)

WHITE RIVER AMUSEMENT PUB, INC., Plaintiff-Appellee, v. TOWN OF HARTFORD, The Selectboard Of Hartford, Vermont, Hunter Rieseberg, as the Town Manager of Hartford, Vermont, Todd Steadman, as Chairman, Selectboard of the Town of Hartford, Vermont, Leonard Berliner, as member of the Selectboard, Town of Hartford, Vermont, Gayle Ottman, as member of the Selectboard, Town of Hartford, Vermont, Ray Cerasoli, as member of the Selectboard, Town of Hartford, Vermont, Richard Ballou, as member of the Selectboard, Town of Hartford, Vermont, and Joseph Estey, as Chief of Police of Hartford, Vermont, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 28, 2007.

Attorney(s) appearing for the Case

Kevin J. Coyle (William F. Ellis, on the brief), McNeil, Leddy & Sheahan, Burlington, VT, for Defendants-Appellants.

H. Glenn Alberich, Burns & Levinson LLP, Boston, MA (David Putter, Montpelier, VT, on the brief), for Plaintiff-Appellee.

Before CALABRESI, POOLER, and B.D. PARKER, Circuit Judges.

POOLER, Circuit Judge.

Defendants-appellants Town of Hartford, Vermont (the "Town"), and Town officials Hunter Rieseberg, Todd Steadman, Leonard Berliner, Gayle Ottman, Ray Cerasoli, Richard Ballou, and Joseph Estey, appeal from the December 15, 2005, judgment of the District Court for the District of Vermont (J. Garvan Murtha, J.), granting declaratory and injunctive relief to plaintiff-appellee White River Amusement Pub, Inc. (the "Corporation"). In a ruling on...

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