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LATHAN v. OSWALD

No. 72 Civ. 5391.

359 F.Supp. 85 (1973)

Caswell LATHAN, Jr., Plaintiff, v. Russell G. OSWALD, Commissioner of the Department of Correctional Services, et al., Defendants.

United States District Court, S. D. New York.

June 4, 1973.

Attorney(s) appearing for the Case

Caswell Lathan, Jr., pro se.

Jerold Probst, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of New York, of counsel), for defendants.

BAUMAN, District Judge.

Plaintiff, Caswell Lathan, Jr., brings this action pursuant to 42 U.S.C. § 1983 and its jurisdictional complement, 28 U.S.C. § 1343(3), alleging violation of rights secured by the Sixth, Eighth and Fourteenth Amendments.1 Before the court is the motion of the Attorney General of the State of New York, acting on behalf of all defendants, for an order dismissing the complaint for failure to state a cause...

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