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LUNDBLAD v. CELESTE

Nos. 87-3651, 87-3689.

924 F.2d 627 (1991)

Steven LUNDBLAD, Plaintiff-Appellee, Cross-Appellant, v. Richard F. CELESTE, Dorothy Shoemaker, William Napier and Donald Olson, in their official capacities, Defendants-Appellants, Cross-Appellees, Ohio Department of Natural Resources, Ronald James, Deputy Director, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1991.

Attorney(s) appearing for the Case

E. Dennis Muchnicki, Asst. Atty. Gen. (argued), Columbus, Ohio, for defendants-appellants, cross-appellees.

Jeffrey Decile (argued), James Ayers' Law Office, Columbus, Ohio, for plaintiff-appellee, cross-appellant.

Before MERRITT, Chief Judge, KEITH, KENNEDY, MARTIN, JONES, KRUPANSKY, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS and SUHRHEINRICH, Circuit Judges, and WELLFORD, Senior Circuit Judge.

MERRITT, Chief Judge.

The Court, having granted rehearing and sitting en banc, has reconsidered and now modifies Part II A of the opinion heretofore published in this case, Lundblad v. Celeste, 874 F.2d 1097, 1100-01 (1989). In that Part of the opinion, the panel decision held that the defendant public officials were not entitled to a qualified immunity from damages under Harlow v. Fitzgerald, 457 U.S...

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