United States v. Algimantas Dailide,defendant-Appellant

PROCEDURAL SUMMARY

The district court granted summary judgment to the government on two grounds. I would reverse the district court because I believe that neither ground can be supported as a matter of law, and I explain why in my opinion below. In my dissent, I refer to Judge Clay’s opinion as being that of “the court” though it is so only in its conclusion of affirmance and to the extent of Judge Nelson’s concurrence. Judge Nelson’s concurrence, based on the minimum ground that Dailide’s participation, in whatever capacity, in the arrest of two Jews fleeing the Vilnius ghetto is sufficient…