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KELLEY v. DUNNE

Nos. 6390, 6391, 6406.

344 F.2d 129 (1965)

John J. KELLEY, Plaintiff, Appellant, v. Raymond J. DUNNE, Defendant, Appellee (two cases). Elizabeth-Ann KELLEY, Plaintiff, Appellant, v. William F. WHITE et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Rehearing Denied April 21, 1965.

Attorney(s) appearing for the Case

F. Lee Bailey, Boston, Mass., with whom Robert A. Barton, Boston, Mass., was on brief, for appellant in 6390 and 6391.

Harold Katz, Boston, Mass., with whom James C. Hamilton, Boston, Mass., was on brief, for appellant in 6406.

J. William Doolittle, Attorney, Department of Justice, with whom John W. Douglas, Asst. Atty. Gen., W. Arthur Garrity, U. S. Atty., and Morton Hollander and Edward Berlin, Attorneys, Department of Justice, were on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Chief Judge.

These three cases against two defendants, although not heard together either in this court or in the court below, involve sufficient similarities to merit treatment in one opinion. Each was brought in the state court and removed to the district court by the defendant pursuant to 28 U.S.C. § 1442(a) (1). In each the defendant thereafter filed an affidavit, moved for, and obtained, a summary judgment in his favor. In one case the plaintiff...

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