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MOORE v. MURPHY

No. 94-1974.

47 F.3d 8 (1995)

Gregory MOORE, Plaintiff, Appellant, v. Paul MURPHY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 1, 1995.

Attorney(s) appearing for the Case

Jennifer Petersen, with whom Andrew Stockwell-Alpert, Boston, MA, and Joanne S. Forkner, Milton, MA, were on brief, for appellant.

Howard Friedman and Sarah Wunsch, Boston, MA, on brief for Civil Liberties Union of Mass., amicus curiae.

Thomas C. Tretter, Asst. Corp. Counsel, City of Boston, with whom Albert W. Wallis, Corp. Counsel, Boston, MA, was on brief, for appellee.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

Appellant seeks to have us prescribe a remedy, yet denies us access to any authoritative information about the etiology of the patient's condition. Consequently, we cannot dispense the requested relief and, therefore, decline to disturb the district court's treatment of the case.

I

During the evening of February 8, 1991, defendant-appellee Paul Murphy and his partner, Andrew Garvey, were working as

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