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2d Cir 5th Cir action administrative affirm agents alleged Amendment appellee application argues attorney bankruptcy Blockburger Board carrier cause cert charge Circuit Judge Cite as 635 Civil Rights claim Commission Company complaint constitutional contract conviction Corp counsel Court of Appeals criminal damages decision defendant defendant's denied determination dismissed district court district judge due process Eastern employees evidence F.Supp fact Federal Courts filed Florida Fourth Amendment granted habeas habeas corpus hearing held injunction issue judgment jurisdiction jury Labor Relations liability Mann Act ment mistrial motion officers operations opinion parole parties pendent jurisdiction person petition petitioner plaintiff plea prior prison procedures proceedings pursuant question reasonable record relief remand Rule S.Ct secret privilege sion statute suit summary judgment supra Supreme Court testimony tion trial court trial judge Union United States Court United States District violation