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Senator Edward Kennedy — Part 25

249 pages · May 11, 2026 · Broad topic: Politics & Activism · Topic: Senator Edward Kennedy · 249 pages OCR'd
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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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