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JOSEPH v. BRIERTON

No. 76 C 1275.

431 F.Supp. 50 (1976)

Hugh JOSEPH, Administrator of the Estate of Mark Joseph, a/k/a Larry Jones, Plaintiff, v. David BRIERTON, Warden at the Stateville Correctional Center, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

August 19, 1976.

Attorney(s) appearing for the Case

Patrick T. Murphy, Goldberg & Murphy, Charles J. Degrange, Chicago, Ill., for plaintiff.

Joseph M. Cotugno, Legal Counsel, Ill. Dept. of Corrections, Jerome N. Groark, Rooks, Pitts, Fullagar & Poust, Mark C. Fedota, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

KIRKLAND, District Judge.

This matter comes before the Court on defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted, Rule 12(b)(6), or, in the alternative for summary judgment, Rule 56(b), Federal Rules of Civil Procedure.

Plaintiff is Hugh Joseph, administrator of the estate of Mark Joseph, a/k/a Larry Jones, who died while incarcerated in the detention hospital at...

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