BLACK, Lloyd, Appellant, No. 81-1646,
v.
BAYER, Ronald Jay, Esquire, Pelletreau, Charles L., Esquire, Hurd, Thomas, Esquire, Public Defender.
BARTEE, John H., Appellant, No. 81-1763,
v.
YANOFF, Michael, Esq., Rossanese, Maurino J., Esq., Yollin, Hubert D., Esq.
STOICA, Eugene, Appellant, No. 81-1926,
v.
STEWART, William P., Public Defender and Terry, Otis, Investigator.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 30, 1981.
Decided February 8, 1982.
Resubmitted January 7, 1982.
Attorney(s) appearing for the Case
Virginia Kerr (argued, Philadelphia, Pa., for appellant Black, No. 81-1646.
Lloyd Black, pro se.
Anthony J. Veneri, Jr., Executive Director, Realistic Issues, Ass'n Independent Law Clinic, Institutional Attorney for Lloyd Black.
Susan M. Warnock (argued), LaBrum & Doak, Philadelphia, Pa., for appellant Bartee, No. 81-1763.
Jeffrey L. Pettit, (argued) Hepburn, Willcox, Hamilton & Putnam, Philadelphia, Pa., for appellant Stoica, No. 81-1926.
Ronald Jay Bayer [pro se], Bayer, Herman & Leizerowski.
Charles L. Pelletreau [pro se], Laveson & Torpey P. C.
Christopher C. Fallon, Jr. (argued), Cozen, Begier & O'Connor, Philadelphia, Pa., for appellees Hurd, Stewart and Terry.
Stephen A. Madva (argued), Gilbert F. Casellas, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellee Yanoff.
Timothy J. Galanaugh (argued), Edwin L. Scherlis, Margolis, Edelstein & Scherlis, Philadelphia, Pa., for appellee Rossanese.
Robert P. Corbin (argued), German, Gallagher & Murtagh, Philadelphia, Pa., for appellee Yollin.
Before ALDISERT, ROSENN and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
Resubmitted under Third Circuit Rule 12(6), January 7, 1982.
OPINION OF THE COURT
ALDISERT, Circuit Judge.
In Polk County v. Dodson,454 U.S. 312, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981), the Supreme Court held that a public defender does not act "under color of state law" for purposes of 42 U.S.C. § 19831 when performing a lawyer's traditional function as counsel to an indigent...
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