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BRIGGS v. GOODWIN

No. 75-1642.

569 F.2d 10 (1977)

John BRIGGS et al. v. Guy GOODWIN, Individually and as Attorney for the U.S. Department of Justice, Appellant, William H. Stafford, Individually and as U. S. Attorney for the Northern District of Florida, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1977.

Rehearing Denied December 1, 1977.

Attorney(s) appearing for the Case

R. John Seibert, Atty., Dept. of Justice, Washington, D. C., with whom Robert L. Keuch and Benjamin C. Flannagan, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellant. George W. Calhoun, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellant.

Nancy Stearns, New York City, with whom Doris Peterson, Morton Stavis and Philip J. Hirschkop, New York City, were on the brief, for appellees.

Before McGOWAN, ROBINSON and WILKEY, Circuit Judges.

Opinion for the court filed by McGOWAN, Circuit Judge.

Dissenting opinion filed by WILKEY, Circuit Judge.

McGOWAN, Circuit Judge:

This case raises a difficult question concerning the precise scope of the absolute prosecutorial immunity afforded by the Supreme Court in Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). Plaintiffs-appellees brought in the District Court a civil action in tort...

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