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TAPALIAN v. TOWN OF SEEKONK

No. CIV.A.00-12389-PBS.

188 F.Supp.2d 136 (2002)

H. Charles TAPALIAN, Plaintiff, v. TOWN OF SEEKONK and James V. Tusino, Defendants.

United States District Court, D. Massachusetts.

March 14, 2002.

Attorney(s) appearing for the Case

Lynch & Lynch, South Easton, MA, James W. Simpson, Jr., Merrick & Louison, Patrick J. Costello, Merrick, Louison & Costello, Boston, MA, John B. Reilly, Reilly & Nikolyszyn, LLP, Warwick, RI, for Defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

The Court rules on the Motion of Defendants, Town of Seekonk and James V. Tusino ("Tusino"), for Summary Judgment as follows:

1. Defendants argue that the claims of plaintiff are barred by the compulsory counterclaim rule. Fed.R.Civ.P. 13(a) provides:

A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if...

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