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DEMJANJUK v. PETROVSKY

No. 85-3435.

10 F.3d 338 (1993)

John DEMJANJUK, Petitioner-Appellant, v. Joseph PETROVSKY, et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 17, 1993.

Rehearing and Suggestion for Rehearing Denied February 24, 1994.

Attorney(s) appearing for the Case

Edward Marek, Fed. Public Defender (briefed), Federal Public Defender's Office, Cleveland, OH, Michael E. Tigar (argued and briefed), University of Texas Law School, Austin, TX, for petitioner-appellant.

Patty Merkamp Stemler (argued and briefed), Dept. of Justice, Crim. Div., Appellate Section, Washington, DC, for respondents-appellees.

Before: MERRITT, Chief Judge; KEITH, Circuit Judge; and LIVELY, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 24, 1994.

LIVELY, Senior Circuit Judge.

The question before the court is whether attorneys in the Office of Special Investigations (OSI), a unit within the Criminal Division of the Department of Justice, engaged in prosecutorial misconduct by failing to disclose to the courts and to the petitioner exculpatory information in their possession during litigation culminating in extradition proceedings...

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