Legal Opinion

Jerome E. McGillicuddy v. John A. Clements, Etc., Ernst & Whinney, Etc.

Court of Appeals for the First Circuit

Decided October 11, 1984No. 84-1228PublishedCited by 89 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

Defendant Ernst & Whinney, a private accounting partnership, appeals from an order of the United States District Court for the District of New Hampshire denying its motion to dismiss a civil rights case against it for failure to state a claim. 1 Ernst & Whinney contends that the plaintiff, Jerome E. McGillicuddy, failed to allege sufficient factual allegations to estab lish that the accounting firm acted under color of state law, a prerequisite to a civil rights suit under 42 U.S.C. § 1983. We conclude that the allegations do not reach the level of specificity required…

2Cases cited6 opinions

  1. Rendell-Baker v. KohnSupreme Court of the United States · 1982
  2. Lester Slotnick v. Harold StaviskeyCourt of Appeals for the First Circuit · 1977
  3. Richard Dewey v. The University of New HampshireCourt of Appeals for the First Circuit · 1982
  4. Alex C. Glaros v. Richard PerseCourt of Appeals for the First Circuit · 1980
  5. Mildred E. FRANCIS-SOBEL, Plaintiff, Appellant, v. UNIVERSITY OF MAINE, Everett O. Ware, Et Al., Defendants, AppelleesCourt of Appeals for the First Circuit · 1979

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3Cited by89 opinions

  1. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  2. In Re San Juan Dupont Plaza Hotel Fire Litigation. Petition of the Plaintiffs' Steering CommitteeCourt of Appeals for the First Circuit · 1988
  3. Henry Malachowski and Julia Malachowski v. City of KeeneCourt of Appeals for the First Circuit · 1986
  4. Dorothy Frazier v. The Board of Trustees of Northwest Mississippi Regional Medical CenterCourt of Appeals for the Fifth Circuit · 1985
  5. Robert J. Boreri v. Fiat S.P.A.Court of Appeals for the First Circuit · 1985

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