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ABBOTT v. LATSHAW

No. 97-3460.

164 F.3d 141 (1998)

Mark ABBOTT, Appellant, v. Laurie J. LATSHAW, Albert Diehl, Dennis George, Robert Stafford and Donald Sarsfield.

United States Court of Appeals, Third Circuit.

Decided December 11, 1998.

Attorney(s) appearing for the Case

David J. Millstein (Argued), Jacquelyn A. Knupp, Millstein & Knupp, Youngwood, PA, for Appellant.

Christopher K. McNally (Argued), Murphy Taylor, P.C., Pittsburgh, PA, for Appellees, Dennis George, Robert Stafford and Donald Sarsfield.

John K. Greiner (Argued), Belden, Belden, Persin & Johnston, Greensburg, PA, for Appellee, Albert Diehl.

Before: STAPLETON, COWEN, and RENDELL, Circuit Judges

Argued Under Third Circuit LAR 34.1(a) June 11, 1998.

OPINION OF THE COURT

RENDELL, Circuit Judge:

On the evening of April 23, 1996, Laurie Latshaw telephoned Constable Albert Diehl and enlisted his aid in her plan to take a van from her former husband, Mark Abbott, the next day. Although Latshaw recovered the van, her plan was less than successful in that Abbott then filed an action under 42 U.S.C. § 1983 against her, Diehl, and three Greensburg...

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