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MITCHELL v. LIBBY

Civ. No. 75-211.

409 F.Supp. 1098 (1976)

Adelaide MITCHELL v. Kenneth W. LIBBY et al.

United States District Court, D. Vermont.

March 23, 1976.

Attorney(s) appearing for the Case

Robert J. Kurrle, Montpelier, Vt., for plaintiff.

Richard H. Wadhams, Jr., Pierson, Affolter & Amidon, Burlington, Vt., for defendant Town of Stowe, Vt.

MEMORANDUM AND ORDER

HOLDEN, Chief Judge.

The defendant, Town of Stowe, has moved to dismiss Count II of the plaintiff's complaint wherein the plaintiff seeks compensatory and punitive damages, as well as other relief, against the Town as a result of allegedly improper conduct by Town police officers in arresting the plaintiff. The predicate of the motion is that the plaintiff's complaint fails to state a cause of action upon which relief can be granted...

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