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MITCHELL v. MILLER

No. 14-2116.

790 F.3d 73 (2015)

Jonathan E. MITCHELL, Plaintiff, Appellant, v. Robert MILLER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 15, 2015.

Attorney(s) appearing for the Case

Michael J. Waxman , for Jonathan E. Mitchell.

Mark E. Dunlap , with whom Norman, Hanson & DeTroy, LLC was on brief, for Robert Miller.

Before HOWARD, THOMPSON, and BARRON, Circuit Judges.

We seldom do our best thinking in the murky hours when late night seeps into early morning. What strikes one as a fine idea in the darkness may reveal itself to be a brilliant mistake in the cold light of dawn. Decisions made well past 4 a.m. by two men — one a suspect, the...

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