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RUFFALO BY RUFFALO v. CIVILETTI

Nos. 82-1779, 82-1893.

702 F.2d 710 (1983)

Michael RUFFALO, Jr., by his mother and next friend, Donna RUFFALO; and Donna Ruffalo, Appellants, v. Benjamin CIVILETTI; William E. Hall; Emmitt Fairfax; Michael Ruffalo, Sr.; the United States Department of Justice; the United States Marshals Service; and the United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 17, 1983.

Rehearing and Rehearing Denied June 8, 1983.

Attorney(s) appearing for the Case

Robert G. Ulrich, U.S. Atty., Mark J. Zimmermann, Asst. U.S. Atty., Kansas City, Mo., for appellees.

George E. Kapke, Cochran, Kramer, Kapke & Willerth, Independence, Mo., for Michael Ruffalo, Sr.

George Kannar, Jack Novik, Marcia Robinson Lowry, American Civil Liberties Union, New York City, Sanford P. Krigel, Krigel & Krigel, Kansas City, Mo., for appellants.

Before BRIGHT, ARNOLD and JOHN R. GIBSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 8, 1983.

ARNOLD, Circuit Judge.

Donna Ruffalo appeals from the denial of her motion for partial summary judgment, by which she sought the return of her child, who has been relocated by the federal government under the federal Witness Protection Program. The District Court1 held that Donna's relationship with her child is constitutionally protected but denied her motion for summary judgment...

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