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BROWN v. NEWBERGER

No. 01-2410.

291 F.3d 89 (2002)

Theodore S. BROWN and James Linnehan, et al., Plaintiffs, Appellants, v. Eli NEWBERGER, Children's Hospital, Inc., Amy C. Tischelman, Trial Court of Massachusetts, Department of Social services, Eileen Kern, Sandra Fyfe, Christopher Salt, and Jack McCarthy, Jr., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 30, 2002.

Attorney(s) appearing for the Case

Barbara C. Johnson on brief for appellants Brown and Linnehan.

J. Walter Freiberg, III, Heather Dauler and Weston, Patrick, Willard & Redding on brief for appellee Kern. Thomas F. Reilly, Attorney General, Patrick J. Cassidy, Assistant Attorney General, on brief for appellees Trial Court of Massachusetts and Department of Social Services.

William P. Hurley and Cogavin & Waystack on brief for appellee McCarthy.

Rebecca J. Wilson, Sandra P. Criss and Peabody & Arnold LLP, on brief for appellee Fyfe.

Alexander G. Gray on brief for appellee Salt.

John J. Reardon, Kim S. Gainsboro and Hassan & Reardon, P.C., on brief for appellees Newberger, Tischelman and Children's Hospital, Inc.

Before LYNCH, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

These consolidated appeals follow on the efforts of plaintiffs-appellants, Theodore Brown and James Linnehan, to acquire rights to visit their children. The children had been taken by their mothers during pending divorce and custody proceedings from Maine to Massachusetts, where the mothers obtained court orders barring the fathers from visitation on the basis of findings of sexual abuse.

Brown and Linnehan joined in filing a...

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