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ACIERNO v. CLOUTIER

Nos. 93-7456, 93-7617.

40 F.3d 597 (1994)

Frank E. ACIERNO v. Philip CLOUTIER; Richard Cecil; Robert Powell; Robert Woods; Christopher Roberts; Penrose Hollins; Karen Venezky; New Castle County; Michael Mitchell, Philip Cloutier, Richard Cecil, Robert Powell, Robert Woods, Christopher Roberts, Penrose Hollins and Karen Venezky, Appellants in No. 93-7456, Michael T. Mitchell, Appellant in No. 93-7617.

United States Court of Appeals, Third Circuit.

Submitted August 30, 1994.

Decided October 18, 1994.

Attorney(s) appearing for the Case

Collins J. Seitz, Jr., Connolly, Bove, Lodge & Hutz, Wilmington, DE, for appellants Philip Cloutier, Richard Cecil, Robert Powell, Robert Woods, Christopher Roberts, Penrose Hollins, Karen Venezky and New Castle County.

Barry M. Willoughby, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for appellant Michael T. Mitchell.

Thomas S. Neuberger, Wilmington, DE, John J. Yannacone, Yannacone, Fay, Baldo & Daly, Media, PA, for appellee Frank E. Acierno.

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

Submitted In Banc August 30, 1994.

Argued March 25, 1994

Before: GREENBERG, COWEN and NYGAARD, Circuit Judges.

Submitted in banc August 30, 1994

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

OPINION OF THE COURT

COWEN, Circuit Judge.

In this action under 42 U.S.C. § 1983, the defendants have appealed...

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