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NICINI v. MORRA

No. 98-5193.

212 F.3d 798 (2000)

Anthony NICINI, Jr., Appellant v. Edward MORRA; New Jersey Department of Health and Human Services, Division of Youth and Family Services; Frank Cyrus; John Doe(s), a fictitious person or persons; XYZ Entity (IES), a fictitious entity or entities Frank Cyrus, Appellee.

United States Court of Appeals, Third Circuit.

Reargued February 16, 2000.

Filed May 19, 2000.

Attorney(s) appearing for the Case

Joseph P. Grimes (Argued), Grimes, Grimes, Grimes & Grimes, Cherry Hill, New Jersey, Counsel for Appellant.

Peter Verniero, Attorney General of New Jersey, Mary C. Jacobson (Argued), Assistant Attorney General, Of Counsel, Yolanda C. Rodriguez, Deputy Attorney General, On the Brief, Trenton, New Jersey, Counsel for Appellee, Frank Cyrus.

Before: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, and BARRY, Circuit Judges.

Reargued En Banc February 16, 2000.

Argued Jan. 26, 1999.

Before: SLOVITER, McKEE, and RENDELL, Circuit Judges.

Reargued En Banc Feb. 16, 2000.

Before: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, and BARRY, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Anthony Nicini, Jr., filed suit under 42 U.S.C. § 1983 and state tort law against Frank Cyrus...

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