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HERWINS v. CITY OF REVERE

Nos. 97-2140, 97-2141.

163 F.3d 15 (1998)

M. Joe HERWINS, Plaintiff, Appellant, v. THE CITY OF REVERE, et al., Defendants, Appellees. M. Joe Herwins, Plaintiff, Cross-Appellee, v. James J. Marotta, Defendant, Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Ira H. Zaleznik with whom Lawson & Weitzen, LLP was on brief, for appellant James J. Marotta.

Stephen Schultz with whom McGowan, Engel, Tucker, Garrett & Schultz was on brief, for plaintiff.

Before TORRUELLA, Chief Judge, BOUDIN and STAHL, Circuit Judges.

BOUDIN, Circuit Judge.

M. Joe Herwins, the plaintiff in the district court and cross-appellant here, owned a building at 53A Walnut Avenue in Revere, Massachusetts, in which rooms or apartments were rented to tenants. On February 24, 1993, the defendant-appellant James J. Marotta, a board of health inspector for defendant-appellant the City of Revere, arrived to inspect the building, prompted by a complaint as to the smell of gas or a lack of heat (there is some dispute...

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