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FINN v. SCHILLER

No. 94-2373.

72 F.3d 1182 (1996)

Mark T. FINN, Plaintiff-Appellant, v. S. David SCHILLER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Jed S. Rakoff, Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, for Appellant. Robert William Jaspen, Assistant United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Harvey L. Pitt, Debra M. Torres, Karl A. Groskaufmanis, Gregory J. Ikonen, James A. Hutchinson, Fried, Frank, Harris, Shriver & Jacobson, Washington, DC; Hunter W. Sims, Jr., L. Allan Parrott, Jr., Kaufman & Canoles, P.C., Norfolk, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Richmond, Virginia, for Appellee.

Before HALL and WILKINS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Affirmed but remanded for further proceedings by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge HALL and Judge WILKINS joined.

OPINION

CHAPMAN, Senior Circuit Judge:

Mark T. Finn filed suit in the United States District Court for the Eastern District of Virginia against S. David Schiller, Assistant United States Attorney, alleging an ongoing pattern of prosecutorial misconduct including violations of Federal Rule of Criminal...

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