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OCR: the failed panel ta meet examined the a court burden, of The appeals Panel role held when under plaintiff the circumstances of Elder's appeal that 1 would not con sider case which the panel located and which argua bly may have affected the result The panel's decisi ion was within its discretion. The panel's holding can best be understood in the Context which arose In the district court both Elder pue Holloway moved FDr summary judgment. Elder his sought arrest partial was sumumary unconstitutional judgment on the Holloway grounds sought that summary judgment n two bases: the irrest was con stitutional and qualified immunity. JA One the bases upon which Holloway sought summary judgment the constitutionality of the arrest was that was justified exigent circumstances, JA The district court de ...