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FISICHELLI v. CITY KNOWN AS TOWN OF METHUEN

No. 91-1609.

956 F.2d 12 (1992)

Alfred D. FISICHELLI, etc., and Salvatore Ambra, etc., Plaintiffs, Appellants, v. The CITY KNOWN AS The TOWN OF METHUEN, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 6, 1992.

Attorney(s) appearing for the Case

Carol Hajjar McGravey with whom Wilbur A. Hyatt and Hyatt & Hyatt Law Offices, Lawrence, Mass., were on brief for plaintiffs, appellants.

Samuel Perkins with whom Kimberly M. Saillant and Morrison, Mahoney & Miller, Boston, Mass., were on brief for defendants, appellees.

Before BREYER, Chief Judge, SELYA, Circuit Judge, and CYR, Circuit Judge.

BREYER, Chief Judge.

This case concerns the application of the "state action immunity" doctrine to an antitrust suit against a municipality. City of Columbia v. Omni Outdoor Advertising, Inc., ___ U.S. ___, 111 S.Ct. 1344, 113 L.Ed.2d 382 (1991); Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943). Plaintiffs charge that the Town of Methuen denied their industrial revenue bond application for improper, anticompetitive...

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