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LIVINGSTON v. UNITED STATES DEPT. OF JUSTICE

No. 83-2251.

759 F.2d 74 (1985)

Percy Donald LIVINGSTON, Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1985.

As Amended April 5, 1985.

Attorney(s) appearing for the Case

Percy D. Livingston, pro se.

Joseph E. diGenova, U.S. Atty., Washington, D.C., with whom Royce C. Lamberth, R. Craig Lawrence and Charles F. Flynn, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before MIKVA and GINSBURG, Circuit Judges, and BAZELON, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge.

Percy Donald Livingston appeals the order of our district court granting summary judgment to the Justice Department in his suit urging the court to expunge the records of two prior arrests. We vacate the district court's order. The court adjudicated on the merits a case that ought to have been transferred to a more convenient forum. Moreover, the district court misconstrued...

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