MINES v. KAHLE

Civ. A. No. 82-107 ERIE.

557 F.Supp. 1030 (1983)

Anthony J. MINES v. Jay Paul KAHLE, Sybil K. Kane, Hamlin Bank & Trust Company and E. Kent Kane Estate.

United States District Court, W.D. Pennsylvania.

February 11, 1983.


Attorney(s) appearing for the Case

H. Amos Goodall, Jr., Bellefonte, Pa., Charles Vollmer, Pittsburgh, Pa., James McNamara, Erie, Pa., for plaintiff.

Murray P. Garber, Bradford, Pa., Sean J. McLaughlin, Knox, Graham, McLaughlin, Gornall & Sennett, Erie, Pa., for defendant Kahle.

John F. Potter and Ann Elizabeth Baldwin, Erie, Pa., for all other defendants.


MEMORANDUM OPINION

WEBER, District Judge.

This case arises out of a situation common in most of the counties in Pennsylvania and elsewhere as we note from reported federal cases, where the District Attorney is not a full time officer but is allowed to engage in the private practice of law. When the attorney mingles his private activities and his public office, he gives rise to a claim that he acted under "color of law" and his actions are brought within...

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