
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 97-1241                               KENNETH HOWARD, ET AL.,                               Plaintiffs, Appellants,                                          v.                    STATE OF RHODE ISLAND, WATER RESOURCES BOARD,                                 Defendant, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF RHODE ISLAND                     [Hon. Ernest C. Torres, U.S. District Judge]                                             ___________________                                 ____________________                                        Before                                 Selya, Circuit Judge,                                        _____________                           Campbell, Senior Circuit Judge,                                     ____________________                              and Lynch, Circuit Judge.                                         _____________                                 ____________________            John  W.  Dineen  and  Yesser,  Glasson  &  Dineen  on  brief  for            ________________       ___________________________        appellants.            Jeffrey   B.  Pine,   Attorney   General,  and   Rebecca   Tedford            __________________                               _________________        Partington, Assistant Attorney General, on brief for appellee.        __________                                 ____________________                                   October 14, 1997                                 ____________________                 Per Curiam.    Upon careful  review  of the  briefs  and                 __________            record, we conclude  that appellants' complaint properly  was            dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state            a claim and that their motion to amend the complaint properly            was  denied  as  futile.    We  reach  this   conclusion  for            substantially the same  reasons stated by the  district court            in its Memorandum and Order dated December 31, 1996.                   Affirmed.  See 1st Cir. Loc. R. 27.1.                 ________   ___                                         -2-
