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POWERS v. LIGHTNER

No. 84-2312.

752 F.2d 1251 (1985)

Anne POWERS, Plaintiff, v. John T. LIGHTNER, d/b/a Lightner Auto Sales, Defendant, Third-Party Plaintiff-Appellee, v. Barry JONES and Bruce White, Third-Party Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 16, 1985.

Rehearing and Rehearing Denied April 30, 1985.

Attorney(s) appearing for the Case

Douglas Letter, Dept. of Justice, Civil Division, Washington, D.C., for plaintiff.

John A. Dienner, III, Pierce, Lydon, Griffin & Montana, Chicago, Ill., for defendant, third-party plaintiff-appellee.

Before FLAUM and PELL, Circuit Judges, and WISDOM, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 30, 1985.

WISDOM, Senior Circuit Judge.

The question this case presents is the appealability of the denial of a request for summary judgment on qualified immunity grounds in favor of two federal officials sued in their individual capacities. The Circuits are evenly divided on this issue. Here the third party plaintiff seeks damages from two federal officials under 42 U.S.C. § 1983 and the Racketeer Influenced...

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