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FLUDD v. UNITED STATES SECRET SERVICE

No. 85-5336.

771 F.2d 549 (1985)

Allen L. FLUDD v. UNITED STATES SECRET SERVICE, et al. Maurice Daugherty, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

September 13, 1985.

Attorney(s) appearing for the Case

Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence and Rebecca L. Ross, Asst. U.S. Attys., Washington, D.C., were on the petition for writ of mandamus.

Clausen Ely, Jr., David F. Williams, Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., were on the opposition.

Before WALD and MIKVA, Circuit Judges, and McGOWAN, Senior Circuit Judge.

PER CURIAM:

This case presents the novel question of the district court's authority to hold a "factual hearing" on the issue of qualified immunity when, on the basis of the affidavits before the court, "the present record is not entirely clear and there are, indeed, some contradictions in the record." Fludd v. United States Secret Service, Civ. No. 82-2172 (D.D.C. Feb. 28, 1985) (order). By order dated April 15, 1985, a divided panel of this court granted petitioners...

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