Nicholas NASUTI, Plaintiff, Appellee,
v.
James SCANNELL, Defendant, Appellant.
Nicholas NASUTI, Plaintiff, Appellee,
v.
James SCANNELL, Defendant, Appellee.
United States of America, Defendant, Appellant.
In re UNITED STATES of America and James Scannell, Petitioners.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard February 5, 1990.
Decided June 29, 1990.
Attorney(s) appearing for the Case
Ira C. Lupu, Appellate Staff, Civil Div., Dept. of Justice, with whom Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., Boston, Mass., and Barbara L. Herwig, Washington, D.C., Appellate Staff, Civil Div., Dept. of Justice, were on Petition for Writ of Mandamus and brief, for defendants.
Karen B. Hoffman with whom Burton A. Nadler and Petrucelly & Nadler, P.C., Boston, Mass., were on brief, for appellee.
Before CAMPBELL, Chief Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.
United States Court of Appeals, First Circuit.
LEVIN H. CAMPBELL, Circuit Judge.
This case comes before us for the second time. Its first visitation was in Nasuti v. Scannell,792 F.2d 264 (1st Cir.1986) ("Nasuti I"). The present time around, the basic issues remain much the same — the reviewability and correctness of the district court's order remanding back to the state court plaintiff Nasuti's claim for assault and battery against defendant Scannell. However,...
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