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EARLE v. BENOIT

No. 87-1167.

850 F.2d 836 (1988)

James EARLE, Plaintiff, Appellant, v. Robert BENOIT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 1988.

Attorney(s) appearing for the Case

Joel Pentlarge with whom Walker & Pentlarge, Ware, Mass., and John Reinstein, Massachusetts Civ. Liberties Union, Boston, Mass., were on brief, for plaintiff, appellant.

Richard L. Zisson with whom Daniel R. Cox, Jr., Zisson and Veara and J. Richard Ratcliffe, Boston, Mass., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

Plaintiff appeals from the district court's adverse judgment in his civil rights action against state police officers. Among the issues raised on appeal are when in a civil conspiracy case the judge may make a determination under Fed.R.Evid. 801(d)(2)(E) that a declarant was not a member of a conspiracy. Compare Bourjaily v. United States, ___ U.S. ___, 107 S.Ct. 2775, 97 L.Ed.2d 144 (1987); United States v. Ciampaglia...

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