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LOVE v. BUDAI

No. 79-1551.

665 F.2d 1060 (1980)

Frank LOVE, Individually, Pearl Love, Individually, Frank A. Love, a Minor, by His Next Friend, Frank Love, Angela D. Love, a Minor, by Her Next Friend, Frank Love, Appellants, v. Richard BUDAI, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1980.

Attorney(s) appearing for the Case

Eugene J. Fitzpatrick, Rockville, Md., for appellants.

David P. Sutton, Asst. Corp. Counsel, Washington, D.C., with whom Judith W. Rogers, Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellees.

Before McGOWAN and GINSBURG, Circuit Judges, and JOYCE HENS GREEN, United States District Judge for the District of Columbia.

PER CURIAM:

Asserting the existence of a genuine fact dispute, plaintiffs appeal from a summary judgment accorded defendants in this "Bivens"-styled damage action against members of the D.C. Metropolitan Police Department. We reverse the judgment with respect to defendants Budai, Robertson, and Finkelberg. As to Budai and Robertson, we find in the record, particularly in plaintiff Pearl Love's sworn statements, a pointed issue of fact concerning what those defendants...

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