CUNNINGHAM v. F.B.I.

No. 84-3367.

765 F.2d 61 (1985)

Charles CUNNINGHAM, Plaintiff-Appellee, v. FEDERAL BUREAU OF INVESTIGATION, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Publication Ordered June 25, 1985.


Attorney(s) appearing for the Case

Patrick M. McLaughlin, argued, U.S. Atty., Cleveland, Ohio, for defendants-appellants.

Richard L. Aynes, Appellate Review Office School of Law, University of Akron, and Pamela Walker, argued, Akron, Ohio, for plaintiff-appellee.

Before CONTIE and WELLFORD, Circuit Judges, and EDWARDS, Senior Circuit Judge.


PER CURIAM.

Defendants Federal Bureau of Investigation, et al. (hereinafter "FBI") appeal from a district court order denying the FBI's motion to vacate the district court's orders on pre-trial motions after the case had been voluntarily dismissed with prejudice on plaintiff's motion. For the reasons that follow, we reverse and remand for proceedings consistent with this opinion.

On July 7, 1978, Charles Cunningham, a state prisoner, filed a complaint pursuant...

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