SCHROB v. CATTERSON

No. 91-5669.

967 F.2d 929 (1992)

Irwin SCHROB; and Barbara L. Schrob, his wife; and Matawan Building Supplies Corporation v. James CATTERSON, Individually and in his capacity as Assistant United States Attorney for the Eastern District of New York; David Toracinta, Individually and in his capacity as a Special Agent of the Drug Enforcement Administration; John M. Peluso, Individually and in his capacity as a Special Agent of the Drug Enforcement Administration; U.S. Department of Justice — United States Attorney; U.S. Department of Justice — Drug Enforcement Administration; John Does 1 through 20; and Jane Does 1 through 20, both individually and in their capacities as supervisory personnel over the above identified individual defendants or as persons, presently unknown to plaintiffs, who participated in the acts and/or omissions alleged in this complaint; and Joseph V. Zarrelli, both individually and in his capacity as Agent/Informer of the United States law enforcement agencies, James Catterson, David Toracinta, and John Peluso, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 29, 1992.


Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Michael Chertoff, U.S. Atty., Barbara L. Herwig, Richard A. Olderman, Attys., Appellate Staff, Civ. Div., Dept. of Justice, and Nancy R. Gaines, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellants.

Robert P. Zoller, Janyce M. Wilson, and Mark D. Miller, Hannoch Weisman, P.C., Roseland, N.J., for appellees.

Before: GREENBERG and NYGAARD, Circuit Judges, and POLLAK, District Judge.


Submitted under Third Circuit Rule 12(6), June 18, 1992.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

This matter is before the court on an appeal by three federal officers from an order denying a motion to substitute the United States as a defendant with respect to certain claims in the complaint in this action. Although the case was previously before us in Schrob v. Catterson,

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