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WADE v. CITY OF PITTSBURGH

No. 84-3590.

765 F.2d 405 (1985)

Robert WADE, Appellant, v. CITY OF PITTSBURGH, Victor Muto and William Burke, Appellees.

United States Court of Appeals, Third Circuit.

Decided June 26, 1985.

Rehearing and Rehearing Denied July 26, 1985.

Attorney(s) appearing for the Case

Wendell G. Freeland, Pittsburgh, Pa., for appellant.

D.R. Pellegrini, City Sol., Marvin A. Fein, Deputy City Sol., Dept. of Law, City of Pittsburgh, Pittsburgh, Pa., for appellee, City of Pittsburgh.

Bryan Campbell, Pittsburgh, Pa., for appellees, Victor Muto and William Burke.

Before SEITZ, WEIS, and ROSENN, Circuit Judges.

Submitted Pursuant To Third Circuit Rule 12(6), May 2, 1985.

Rehearing and Rehearing En Banc Denied July 26, 1985.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this civil rights case, the district court, relying on a state court judgment in a common law negligence suit arising out of the same occurrence, applied the bar of res judicata. Because the state judgment was based on statutory immunity not germane to the federal suit, we conclude...

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