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The Third Amendment case Engblom v. Carey, 677 F.2d 957 (2d.c. 1982) was reviewed by a panel of three judges of the US Court of Appeals for the Second Circuit.

  1. Chief Judge Wilfred Feinberg
  2. Circuit Judge Irving R. Kaufman
  3. Circuit Judge Walter Roe Mansfield

Senior Circuit Judge Mansfield, who had officially retired in 1981, wrote the opinion of the court reversing and remanding the US District Court dismissal on Third Amendment grounds, but affirming the dismissal of the Due Process complaint.

Circuit Judge Irving R. Kaufman wrote an opinion concurring in part and dissenting in part, stating he would have affirmed both parts of the District Court's decision.

For more information, see Related Questions, below.

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Q: Who were the judges in the case of Engblom v Carey?
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Yes, though not in a customary sense. There were prison guards who were provided apartments as part of their compensation package. When they went on strike, some members of the National Guard were moved in to guard the place. Suit was brought, as they were put into the guard's homes. Engblom v Carey was the case, and it was found in favor of the prison guards.


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