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JOYCE v. TOWN OF TEWKSBURY, MASS.

No. 95-1814.

112 F.3d 19 (1997)

Joanne JOYCE, Individually and as Executrix of the Estate of James D. Joyce, Plaintiff, Appellant, v. TOWN OF TEWKSBURY, MASSACHUSETTS, John R. Mackey, Alfred Donovan and Robert Budryk, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 29, 1997.

Attorney(s) appearing for the Case

Robert LeRoux Hernandez with whom Law Offices of Robert L. Hernandez, Malden, MA, were on brief for appellant.

Larry W. Yackle with whom John Reinstein, Boston, MA, was on brief for American Civil Liberties Union of Massachusetts, amicus curiae.

Leonard H. Kesten with whom Deidre Brennan Regan, Kurt B. Fliegauf and Brody, Hardoon, Perkins & Kestin, Boston, MA, were on brief for appellees.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, SELYA, BOUDIN, STAHL and LYNCH, Circuit Judges.

OPINION EN BANC

PER CURIAM.

We are concerned on this appeal with the decision of the district court granting summary judgment on one of the several claims that have been litigated in this case, specifically, a claim that police entry into a house without a search warrant violated the Fourth Amendment. Review is de novo and the facts are set forth in the light most favorable to the party opposing summary judgment. Le Blanc v. Great Am. Ins. Co....

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