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COMMONWEALTH BANK & TRUST CO., N.A. v. RUSSELL

No. 86-5915.

825 F.2d 12 (1987)

COMMONWEALTH BANK & TRUST COMPANY, N.A., Executor, Estates of Frank N. Lent and Betty J. Lent, Appellants, v. Dale "Bill" RUSSELL, Sheriff; and Potter County Commissioners.

United States Court of Appeals, Third Circuit.

Decided August 10, 1987.

Attorney(s) appearing for the Case

William A. Hebe, Spencer, Gleason & Hebe, Wellsboro, Pa., for appellee Dale "Bill" Russell, Sheriff.

C. Edward S. Mitchell (argued), Mitchell, Mitchell & Gray, Williamsport, Pa., for appellee Potter County Com'rs.

Robert H. Vesely (argued), John M. Humphrey, Rieders, Travis, Mussina, Humphrey & Harris, Williamsport, Pa., for appellants.

Before SLOVITER and STAPLETON, Circuit Judges, and SHAPIRO, District Judge.

SLOVITER, Circuit Judge.

Commonwealth Bank & Trust Company, N.A., the executor of the estate of Frank and Betty Lent, appeals from the order of the district court dismissing its claim brought under 42 U.S.C. § 1983 alleging that the Lents, who were murdered by an escaped prisoner, were deprived of their constitutional rights through the actions of the defendant prison and county officials.

I.

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