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MOSS v. WARD

Civ. No. 77-301.

450 F.Supp. 591 (1978)

Alfred L. MOSS, Plaintiff, v. Hon. Benjamin WARD and Harold J. Smith, Defendants.

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

May 4, 1978.

Attorney(s) appearing for the Case

Alfred L. Moss, pro se.

Louis J. Lefkowitz, Atty. Gen., State of N. Y., Douglas S. Cream, Asst. Atty. Gen., Buffalo, N. Y., of counsel, for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This suit was instituted pursuant to 42 U.S.C. § 1983 by plaintiff who claims that defendant Smith violated his Eighth Amendment rights.1 Defendant, the Superintendent at the Attica Correctional Facility ("Attica"), moves for summary judgment. Both parties have submitted affidavits and defendant has submitted copies of reports and letters he feels are pertinent to this suit.<...

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