GARLAND v. SULLIVAN

No. 83-1283.

737 F.2d 1283 (1984)

Richard GARLAND v. Joseph A. SULLIVAN, Sheriff, Deputy Sheriff Saull, Deputy Sheriff Rodrizgas, David Owhes (Director of Inmate Services), Thomas Kelly (Warden, Holmesburg Prison), Guard Bersane, Guard Hannah, Guard Ocehsle, Deputy Sheriff John Doe, Deputy Sheriff John Doe, Deputy Sheriff John Doe, Deputy Sheriff John Doe, Deputy Sheriff John Doe. Appeal of UNITED STATES MARSHALS SERVICE.

United States Court of Appeals, Third Circuit.

Decided June 27, 1984.


Attorney(s) appearing for the Case

Peter F. Vaira, Jr., U.S. Atty., Philadelphia, Pa., J. Paul McGrath, Asst. Atty. Gen., Christine R. Whittaker (argued), Barbara L. Herwig, Linda S. Pack, Attys., Appellate Staff, Civil Division, Dept. of Justice, Washington, D.C., for intervenor-appellant, United States Marshals Service; Lawrence E. Fischer, Deputy General Counsel, United States Marshals Service, of counsel.

Mark A. Aronchick, Acting City Sol., Barbara R. Axelrod (argued), Deputy City Sol., Philadelphia, Pa., for appellees, Sheriff Joseph A. Sullivan, et al.

Leroy S. Zimmerman, Atty. Gen., Maria Parisi Vickers (argued), Deputy Atty. Gen., Philadelphia, Pa., for intervenor-appellee, Commonwealth of Pennsylvania, Bureau of Correction.

Before GIBBONS and BECKER, Circuit Judges, and ATKINS, District Judge.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

GIBBONS, Circuit Judge:

The United States Marshals Service, an intervenor, appeals from an order of a United States Magistrate in a pending civil action, denying the intervenor's motion for reconsideration of an order directing the United States Marshal for the Eastern District of Pennsylvania to transport a state prisoner witness from the nearest county jail to the United States Courthouse in Philadelphia and...

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