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ATKINSON v. TOWN OF WESTMORE

No. 2:97-CV-226.

38 F.Supp.2d 338 (1999)

James V. ATKINSON, Plaintiff, v. TOWN OF WESTMORE, Defendant, v. EMC Insurance Companies, Third-party Defendant.

United States District Court, D. Vermont.

January 28, 1999.

Attorney(s) appearing for the Case

David Bruce Borsykowsky, Paul, Frank & Collins, Inc., Burlington, VT, for James Atkinson.

John F. Evers, Langrock, Sperry & Wool, Middlebury, VT, for Town of Westmore.

David A. Barra, Hill, Unsworth, Barra & Bowles, Essex Junction, VT, for EMC Insurance Companies.

OPINION AND ORDER

SESSIONS, District Judge.

In this suit against the Town of Westmore ("Town") alleging negligence in the maintenance and operation of a public swimming area along the northwestern shore of Lake Willoughby, the Town has moved for summary judgment, claiming that it is protected from suit under the doctrine of municipal immunity. Plaintiff James Atkinson has cross-moved for summary judgment on the same issue. Third-party defendant EMC...

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