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WEST v. TOWN OF BRISTOL

No. 86-0218 L.

712 F.Supp. 269 (1989)

Robert B. WEST and Russell S. Serpa, individually and on behalf of all other employees, retired employees and former employees of the Town of Bristol, Rhode Island, similarly situated, Plaintiffs, v. TOWN OF BRISTOL; State of Rhode Island and Providence Plantations; Edward D. DiPrete, in his capacity as Governor of the State of Rhode Island and individually; Michael Doyle; Leonard F. Clingham, Jr. in his official capacity as Legal Counsel, Rhode Island Department of Administration and individually; and Louis P. Alfano, in his capacity as Chief, Veterans Affairs of the State of Rhode Island and individually, Defendants.

United States District Court, D. Rhode Island.

May 3, 1989.

Attorney(s) appearing for the Case

Ina P. Schiff, Lynette Labinger, Providence, R.I., Terrence Turner, Cranston, R.I., for plaintiffs.

Jos. A. Kelly, (DiPrete, Clingham, Doyle and Alfano), A. Peter Lovely, Nicholas Trott Long, Asst. Atty. Gen., Providence, R.I., Richard Abilheira, Asst. City Sol. for Bristol, Bristol, R.I., for defendants.

OPINION AND ORDER

LAGUEUX, District Judge.

This civil rights matter is presently before the Court on Defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The underlying dispute arises out of the Rhode Island General Assembly's retroactive repeal of R.I.Gen.Laws § 30-21-3 which provided for enhanced employment seniority status for certain veterans of the United States armed forces. Plaintiffs have brought an action under 42 U.S.C. §...

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