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HURLMAN v. RICE

No. 851, Docket 90-7518.

927 F.2d 74 (1991)

George HURLMAN, Ruth Hurlman, Patricia Rice, Individually and as the Maternal Parent of Jillian Rice, an Infant, under the age of Fourteen years, Plaintiffs-Appellees, v. Charles W. RICE, Jr., Chester E. Nelson, Hector E. Pagan, Damon Mangual, Terrence P. Dwyer, Gregory Porteus and Timothy Knapp, Defendants, Chester E. Nelson, Hector E. Pagan, Damon Mangual, Terrence P. Dwyer, Gregory Porteus and Timothy Knapp, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 4, 1991.

Attorney(s) appearing for the Case

Thomas A. O'Keefe, Peekskill, N.Y., for plaintiffs-appellees.

Marilyn T. Trautfield, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Kathie Ann Whipple, Deputy Bureau Chief, New York City, on the brief), for defendants-appellants.

Before KEARSE, WINTER, and ALTIMARI, Circuit Judges.

KEARSE, Circuit Judge:

Defendants Chester E. Nelson, Hector E. Pagan, Damon Mangual, Terrence P. Dwyer, Gregory Porteus, and Timothy Knapp appeal from an order of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, denying their motion pursuant to Fed.R.Civ.P. 56 for summary judgment dismissing the amended complaint ("complaint") on the ground of, inter alia, qualified...

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