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PRISCO v. U.S. DEPT. OF JUSTICE

No. 87-1708.

851 F.2d 93 (1988)

Anthony J. PRISCO Jr., Individually and Anthony J. Prisco, Jr. as parent and natural guardian of Lauren Prisco, A Minor, Appellees, v. UNITED STATES of America, DEPARTMENT OF JUSTICE, former U.S. Attorney General William French Smith, in his capacity as Attorney General and individually, Attorney General Edwin Meese, in his capacity as Attorney General and individually, United States Marshal Service, Stanley Morris, in his capacity as United States Marshal Service Director and individually, Unknown Agents of the United States Marshal Service and Michael Morris, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 1, 1988.

Opinion on Denial of Rehearing and Rehearing August 24, 1988.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Edward T. Ellis, Asst. U.S. Atty. (argued), Deputy Chief, Civil Div., Lois W. Davis, Asst. U.S. Atty., Philadelphia, Pa., for appellants.

Conrad J. Benedetto (argued), Philadelphia, Pa., for appellees.

Before: GIBBONS, Chief Judge, MANSMANN and COWEN, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc August 24, 1988.

OPINION OF THE COURT

GIBBONS, Chief Judge:

This is an appeal pursuant to 28 U.S.C. § 1291 (1982) by Edwin Meese, Attorney General, William French Smith, former Attorney General, and Stanley Morris, Director of the United States Marshals Service, from an order denying their motion for summary judgment. The suit is by Anthony J. Prisco...

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