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Senator Edward Kennedy — Part 25
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MAY-28-1994 15:29 FROM CU Il 9 ~ "To
109 S Ct 1827(1989); Patterson vs.McLean Credit Union, 491 US
164,105 L Ed 2a 132,109 S Ct2363(1989), The Supreme Court said
that “Precedent(S) of that Court Must be followed by these
very words in Hutto vs.Davis, 454 US 370,70 L Ed 2a 556,102
S Ct 703(1982):
",e+-the Court.of Appeals-could be viewed as
ignored,consciously or unconsciously, the
hierarch of .the federal court system created
by the Constitution and Congress....But unl-
ess we wish anarchy to prevail within the
federal ‘judicial system, a precedent of this
Court must be followed by the ‘lower feder-
al courts no matter how misguided the ju-
dges of those courts may think it to be."
b- TITLE 42 USC SECTION 1986: Action for Neglect to
Prevent:
ft
“Every person who,having knowledge that any of
the wrongs conspired to be done,and mentioned
in section 1985...are about to be committed,
. and having power to prevent or aid in preven-
ting the commission of the same,neglects or
refuses so to do,if ‘such wrongful act be com-
mitted,shall be.liable to the party injured,
or his legal representatives,for all damages
caused by such wrongful act,which such pers-
on by reasonable diligence could have preve-
nted>--and--such- -damages--may: -be- recovered: in.
an_action on the case; and any number of
persons quilty of such wrongful neglect or
xrefusal may be joined as defendants in the
action;..."
C-ELEMENTS OF CIVIL CONSPIRACY:
A civil conspiracy is a “combination of two or more
persons acting in concert to commit an unlawful act,
or to commit a lawful act by unlawful means,the pri-
ncipal element of which is an agreement between the
parties ‘to inflict a wrong against ‘or injury upon an-
other?as ‘the evidence in this case establishes,and an
=3-<
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