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COPPINGER v. TOWNSEND

No. 9840.

398 F.2d 392 (1968)

Carl C. COPPINGER, Appellant, v. Gene TOWNSEND, M.D., and Wayne K. Patterson, Appellees.

United States Court of Appeals Tenth Circuit.

July 24, 1968.

Attorney(s) appearing for the Case

H. Robert Walsh, Jr., of Hughes & Dorsey, Denver, Colo., for appellant.

John P. Moore, Asst. Atty. Gen., (Duke W. Dunbar, Atty. Gen., and Frank E. Hickey, Deputy Atty. Gen., were with him on the brief), for appellees.

Before WILBUR K. MILLER, LEWIS, and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant-plaintiff Coppinger brought this action under 42 U.S.C. § 1983 claiming that appellee-defendant Patterson, the warden of the Colorado state penitentiary, and appellee-defendant Townsend, a doctor on the penitentiary staff, had deprived him of federally protected constitutional rights by not furnishing him with adequate medical care. On motion of the defendants, the district court dismissed the case on the ground that the...

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