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TUCKER v. OUTWATER

No. 3440, Docket 96-9251.

118 F.3d 930 (1997)

James E. TUCKER, Plaintiff-Appellee, v. Marilyn OUTWATER, Defendant-Appellant, and The County of Jefferson, et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Robert J. Leader, Governeur, NY (Case, Leader & Brownell, L.L.P., Governeur, NY, on the brief), for plaintiff-appellee.

Timothy J. Perry, Syracuse, NY (Sugarman, Wallace, Manheim & Schoenwald, Syracuse, NY, on the brief), for defendant-appellant.

Before: KEARSE, Circuit Judge, CALABRESI, Circuit Judge, and OBERDORFER, District Judge.

OBERDORFER, District Judge:

Town Justice Marilyn Outwater appeals from the August 22, 1996 judgment of the United States District Court for the Northern District of New York, denying her motion to dismiss the complaint. The district court held that Outwater was not entitled to judicial immunity because she acted in the clear absence of all jurisdiction. This Court concludes that Outwater did not act in clear absence of all subject matter jurisdiction and enjoys immunity...

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