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WEISS v. LEHMAN

No. 79-4101.

676 F.2d 1320 (1982)

E. B. WEISS, Plaintiff-Appellee, v. R. C. LEHMAN and Wayne LaRue, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 12, 1982.

Rehearing Denied June 28, 1982.

Attorney(s) appearing for the Case

Alfred Mollin, Washington, D. C., argued, for defendants-appellants; M. Karl Shurtliff, Boise, Idaho, Patricia G. Reeves, Barbara L. Herwig, Katherine S. Gruenheck, Washington, D. C., on brief.

Barry Marcus, Marcus & Marcus, Boise, Idaho, for plaintiff-appellee.

Before VAN DUSEN, FARRIS and BOOCHEVER, Circuit Judges.

FARRIS, Circuit Judge:

We consider this case for a second time on remand from the Supreme Court for reconsideration in light of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981).

The sole issue in our initial decision, 642 F.2d 265 (1981), was whether a Bivens-type damage remedy had been properly implied against defendant Lehman, a Forest Service employee,...

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