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DUNTON v. COUNTY OF SUFFOLK, STATE OF NEW YORK

Nos. 542, 543, Dockets 83-7384, 83-7814.

748 F.2d 69 (1984)

Emerson W. DUNTON, Jr., Plaintiff-Appellee, v. COUNTY OF SUFFOLK, STATE OF NEW YORK, Suffolk County Police Department, County of Suffolk, State of New York, Robert Pfeiffer, Angela Pfeiffer, "Richard Roe," "James Doe" and "John Poe," the latter being fictitious names of real persons, members of the Suffolk County Police Department, Defendants, Angela Pfeiffer, and Robert Pfeiffer, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

October 30, 1984.

MESKILL, Circuit Judge:

We recall the mandate and sua sponte reconsider our decision in Dunton v. County of Suffolk, 729 F.2d 903 (2d Cir.1984), without hearing oral argument, following a rather unusual set of circumstances.

I

Familiarity with the underlying action is presumed. On June 29, 1984, long after the mandate issued, the County of Suffolk and the Suffolk County Police Department (collectively...

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