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BROOKS v. FITCH

No. 80-2205.

642 F.2d 46 (1981)

Donna BROOKS, a/k/a Donna Mariano, Appellant. v. Don A. FITCH, County and Prosecuting Attorney for the County of Dakota, State of Nebraska; Don A. Fitch, in his own right; the County of Dakota, State of Nebraska; and the State of Nebraska.

United States Court of Appeals, Third Circuit.

Decided February 23, 1981.

Attorney(s) appearing for the Case

Hersh Kozlov, Cherry Hill, N.J., for appellant.

John A. Fratto, Bleakly, Stockwell & Zink, Camden, N.J., for appellee Don A. Fitch in His Own Right.

F. Herbert Owens, III, Montano, Summers, Mullen & Manuel, Cherry Hill, N.J., for appellees Fitch, State of Neb. and County of Dakota.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Adverse summary judgment having been rendered against plaintiff on claims asserted under 42 U.S.C. § 1983 against a lawyer in his official capacity as district attorney and several governmental entities, she has lodged an appeal in this court. The record indicates that the district court has yet to consider claims bottomed on 42 U.S.C. § 1985 and a claim against the lawyer in his individual capacity...

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