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QUINN v. STONE

No. 91-5806.

978 F.2d 126 (1992)

Randall QUINN; Marianne Merritt, Appellants, v. Michael P.W. STONE, Secretary of the Army, Letterkenny Army Depot; Captain Beth Muench; Lieutenant George Statler; Investigator Robert Fox; Investigator David Miller; the Department of the Army.

United States Court of Appeals, Third Circuit.

Decided November 4, 1992.

Sur Petition for Panel Rehearing with Suggestion for Rehearing January 6, 1993.

Attorney(s) appearing for the Case

Arthur T. McDermott (argued), Carlisle, Pa., for appellants.

Michael J. Kane (argued), Office of U.S. Atty., Harrisburg, Pa., for appellees.

Before: BECKER, NYGAARD and HIGGINBOTHAM, Circuit Judges.

Sur Petition for Panel Rehearing with Suggestion for Rehearing In Banc January 6, 1993.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In 1723, England responded to an upsurge of poaching by passing the Black Act, prescribing the death penalty for those who, in any of the King's forests, "unlawfully and wilfully hunt, wound, kill, destroy, or steal any red or fallow deer."1 Even for its time, such a penalty...

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