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SPRAGUE v. FITZPATRICK

No. 76-1266.

546 F.2d 560 (1976)

Richard S. SPRAGUE, Appellant, v. F. Emmett FITZPATRICK, Jr., Individually, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 6, 1976.

Attorney(s) appearing for the Case

Thomas B. Rutter, Philadelphia, Pa., for appellant.

James E. Beasley, Jeffrey M. Stopford, Beasley, Hewson, Casey, Colleran & Stopford, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and HUNTER and GARTH, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

Richard A. Sprague, former First Assistant District Attorney of Philadelphia County, appeals from the dismissal of his action for damages against F. Emmett Fitzpatrick, District Attorney of Philadelphia County. Treating the dismissal below as a summary judgment for defendant Fitzpatrick, we affirm.

I.

The material facts are not in dispute. Fitzpatrick took office as District Attorney

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