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BRAIT BUILDERS v. MASS., DIV. OF CAP. ASSET MGT.

No. 09-2502.

644 F.3d 5 (2011)

BRAIT BUILDERS CORPORATION, Plaintiff, Appellant, v. Commonwealth of MASSACHUSETTS, DIVISION OF CAPITAL ASSET MANAGEMENT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 2, 2011.

Attorney(s) appearing for the Case

John J. McNamara , with whom Domestico, Lane & McNamara, LLP, was on brief for appellant.

Daniel G. Cromack , Assistant Attorney General, with whom Martha Coakley , Attorney General, was on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

TORRUELLA, Circuit Judge.

In this appeal, plaintiff-appellant Brait Builders Corporation ("Brait") challenges the district court's dismissal of its claims— brought under 42 U.S.C. § 1983 and Massachusetts state law—against the Commonwealth of Massachusetts, Division of Capital Asset Management ("DCAM"). The district court issued a judgment dismissing the § 1983 claim with prejudice under Federal Rule of Civil Procedure 12(b)(6) on the ground...

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