Spickler v. Lee

Plaintiff Robert Spickler, a retired real-estate developer in Maine, filed this action against three managers of a private electric-utility company, alleging breach of an agreement to install power lines free of charge once certain conditions were met. Brought under 42 U.S.C. § 1983, the complaint set forth claims under both federal and state law. Upon motion of defendants, the district court dismissed the federal claims under Fed.R.Civ.P. 12(b)(6) for failure to state a claim, concluding that the requisite state action had not been established. See 208 F.Supp.2d 68 (D.Me.2002). In turn, it…