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BAILEY v. NESS

No. 83-3262.

733 F.2d 279 (1984)

BAILEY, Jo Ellen, Appellant v. NESS, J. Christian, Individually Garber, Daniel, Individually and Northern Regional Police Dept.

United States Court of Appeals, Third Circuit.

Decided April 30, 1984.

As amended May 11, 1984.

Attorney(s) appearing for the Case

Allen H. Smith, York, Pa., for appellant.

John B. Mancke, Mancke, Lightman & Wagner, Harrisburg, Pa., for appellee.

Before ALDISERT, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Submitted Pursuant to Rule 12(6) January 10, 1984.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case involves an appeal by Jo Ellen Bailey ("Bailey") from the district court's summary judgment order dismissing her civil rights claims brought under 42 U.S.C. §§ 1983, 1985(3) against appellee, J. Christian Ness ("Ness"). The district court based its dismissal on a theory of collateral estoppel because it concluded that...

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