McCue v. Bradstreet, III
CARL D. MCCUE |
SETH BRADSTREET, III |
14-1922 |
September 9, 2014 |
U.S. Court of Appeals, First Circuit |
Other Civil Rights |
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Filing 106863667 OPINION issued by David J. Barron, Appellate Judge and David H. Souter*, Associate Supreme Court Justice.** Published. * Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation. ** Judge Lipez, one of the three panel members initially assigned to hear this appeal, recused shortly before oral argument. The remaining two panel members, Justice Souter and Judge Barron, heard arguments without a third member. We conclude that, as a quorum of the initial three-member panel, we are authorized to decide this case under 28 U.S.C. 46(d). See Wal-Mart Stores, Inc. v. Visa U.S.A., Inc., 396 F.3d 96, 100 n.* (2d Cir. 2005); Murray v. Nat'l Broad. Co., 35 F.3d 45, 46-47 (2d Cir. 1994). Taub and Susan P. Herman, Assistant Attorneys General, were on brief, for appellee. [14-1922] |
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Plaintiff - appellant: CARL D. MCCUE | |
Represented By: | David G. Webbert |
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Defendant - appellee: SETH BRADSTREET, III | |
Represented By: | Margaret D. McGaughey |
Represented By: | Christopher C. Taub |
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