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O'BERT EX REL. ESTATE OF O'BERT v. VARGO

No. 02-7805(L), 02-7905.

331 F.3d 29 (2003)

Kenneth O'BERT, as Administrator of the ESTATE OF Richard O'BERT, Plaintiff-Appellee-Cross-Appellant, v. Robert J. VARGO, Sergeant, Vermont State Police, Defendant-Appellant-Cross-Appellee, John G. Fagerholm, III, Sergeant, Vermont State Police, Defendant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 2, 2003.

Attorney(s) appearing for the Case

Chris S. Dodig, Bennington, Vermont (James R. Loughman, Bennington, Vermont, on the brief), for Plaintiff-Appellee-Cross-Appellant.

Cathy Nelligan Norman, Assistant Attorney General, Montpelier, Vermont (William H. Sorrell, Attorney General of the State of Vermont, Montpelier, Vermont, on the brief), for Defendant-Appellant-Cross-Appellee and Defendant-Cross-Appellee.

Before: OAKES, KEARSE, and B.D. PARKER, Circuit Judges.

KEARSE, Circuit Judge.

Defendant Robert J. Vargo, a Sergeant in the Vermont State ("State") Police, appeals from an order of the United States District Court for the District of Vermont, J. Garvan Murtha, then-Chief Judge, denying his motion to alter or amend an order that denied his motion pursuant to Fed. R.Civ.P. 56 for summary judgment dismissing, on the basis of qualified immunity, the claim of plaintiff Kenneth O'Bert ("plaintiff"), brought under 42 U...

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