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LEE v. MIHALICH

No. 87-1583.

847 F.2d 66 (1988)

William LEE and Denver Nursing Home, Inc. v. Leonard MIHALICH, Individually and in his Official Capacity; Bradford King, Individually and in his Official Capacity; Leroy Zimmerman, Individually and in his Official Capacity; Robert Gentzel, Individually and in his Official Capacity; and Leslie Solove. Appeal of Leonard MIHALICH, J. Bradford King and Leslie Solove.

United States Court of Appeals, Third Circuit.

Decided May 17, 1988.

Attorney(s) appearing for the Case

LeRoy S. Zimmerman, Atty. Gen., David M. Donaldson (argued), Gregory R. Neuhauser, Sr. Deputy Attys. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Philadelphia, Pa., for appellants.

Gilbert B. Abramson, Michael B. Tolcott (argued), Abramson, Cogan, Kogan, Freedman & Thall, P.C., Philadelphia, Pa., for appellees William Lee and Denver Nursing Home.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

William Lee and the Denver Nursing Home, Inc., brought suit in the district court against Leonard Mihalich and Bradford King seeking damages for abuse of process and malicious prosecution under 42 U.S.C.A. § 1983 (West 1981).1 Both Mihalich and King are investigators in the Medicaid Fraud Control Unit of the Office of the Pennsylvania Attorney General. Lee and the home brought...

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