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CYR v. MAYO

Civ. No. 84-102.

597 F.Supp. 1043 (1984)

Marie R. CYR, Plaintiff, v. Cecil MAYO, Jr., and Nathan Barbour and John Does 1-10, Defendants, v. James BRADLEY and United States of America Department of Agriculture, FMHA, Third Party defendants.

United States District Court, D. Vermont.

October 31, 1984.

Attorney(s) appearing for the Case

Jeffrey Smith, Middlebury, Vt., for plaintiff.

David A. Williams, Morrisville, Vt., for defendants Mayo and Barbour.

James W. Runcie, Downs, Rachlin & Martin, South Burlington, Vt., for third party defendant James Bradley.

Peter W. Hall, Asst. U.S. Atty., Rutland, Vt., for third party defendant USA.

OPINION AND ORDER

BILLINGS, District Judge.

This case is before the court on the motion of third-party defendant United States to dismiss for lack of subject matter jurisdiction. For the reasons recited below, that motion is GRANTED and the action is REMANDED to the Lamoille Superior Court of the State of Vermont.

FACTS

In January, 1984, plaintiff Marie R. Cyr filed a complaint in Lamoille Superior Court alleging that defendants Cecil Mayo...

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