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LIVINGSTONE v. NORTH BELLE VERNON BOROUGH

No. 92-3288.

12 F.3d 1205 (1993)

Frances E. LIVINGSTONE and Joseph A. Livingstone, her husband, Appellants, v. NORTH BELLE VERNON BOROUGH, Fayette City Borough, Washington Township, Frank E. Monack, Jr., individually and in his capacity as officer of Washington Township, Officer Raymond Moody, individually and in his capacity as officer for Fayette City Borough, and Officer Darhl Snyder, individually and in his capacity as an officer for North Belle Vernon Borough.

United States Court of Appeals, Third Circuit.

Reargued May 11, 1993.

Decided December 13, 1993.

Attorney(s) appearing for the Case

Peter M. Suwak (argued), Washington, PA, for appellants.

Thomas P. McGinnis (argued), Grigsby, Gaca & Davies, P.C., Pittsburgh, PA, for appellees Borough of North Belle Vernon and Darhl Snyder.

Simon B. John, Anne N. John, John & John, Uniontown, PA, for appellees Borough of Fayette City and Raymond Moody.

Albert C. Gaudio, Monessen, PA, for appellee Washington Tp.

Timothy M. Maatta, Monessen, PA, for appellee Frank E. Monack, Jr.

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, and LEWIS, Circuit Judges.

Reargued In Banc May 11, 1993.

Argued December 15, 1992

Before: SLOVITER, Chief Judge, GREENBERG, Circuit Judge, and POLLAK,* District Judge.

Reargued May 11, 1993

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, and LEWIS, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This is the second time in recent...

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