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CAIN v. DARBY BOROUGH

No. 91-1897.

7 F.3d 377 (1993)

Charles CAIN, Executor of the Estate of Diane Cain and Charles Cain in his own right, Appellants v. DARBY BOROUGH; Darby Borough Police Department; Robert Boyden; John Chappelle; Cory Kramer; John Doe; Yeadon Borough; Yeadon Borough Police Department; Robert Frazier, Sergeant; John Doe; Colwyn Borough; Colwyn Borough Police Department; John Doe; Arthur Raffaele; Salvatore Nusaforo, Appellees.

United States Court of Appeals, Third Circuit.

Reargued May 11, 1993.

Decided October 18, 1993.

Attorney(s) appearing for the Case

Edward J. Devine (argued), Robert J. Casey, Mylotte, David & Fitzpatrick, Philadelphia, PA, for appellants.

Jeffrey P. Hoyle (argued), William F. Holsten, II, Holsten & White, Media, PA, for appellees.

Eric B. Henson (argued), Ellen M. Briggs, Hoyle, Morris & Kerr, Stefan Presser, ACLU of Pennsylvania, David Rudovsky, Kairys & Rudovsky, Philadelphia, PA, for amicus curiae American Civ. Liberties Union of Pennsylvania.

William H. Ryan, Jr., Dist. Atty., Dennis C. McAndrews, Deputy Dist. Atty. (argued), Media, PA, for amicus curiae Office of Dist. Atty., Delaware County, PA.

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 May 1, 1992.

Before: BECKER, NYGAARD and HIGGINBOTHAM*, Circuit Judges.

Reargued In Banc 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

NYGAARD, Circuit Judge.

The police arrested Diane Cain and charged her with...

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