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SURAK v. COUGHLIN

No. 83 Civ. 4033 (JFK).

647 F.Supp. 97 (1986)

James SURAK, Plaintiff, v. Thomas COUGHLIN, III, Defendants.

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

November 10, 1986.

Attorney(s) appearing for the Case

Holmes & Tipograph, New York City, for plaintiff; Judith L. Holmes, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendants; Douglas D. Aronin, Asst. Atty. Gen., of counsel.

OPINION and ORDER

KEENAN, District Judge:

Plaintiff brings this action under 42 U.S.C. § 1983 for personal injuries allegedly sustained while an inmate at Ossining Correctional Center.

Defendant moves for an order pursuant to Federal Rules of Civil Procedure 12(b) dismissing the third amended complaint on grounds of failure to state a claim upon which relief can be granted, insufficiency of process and failure to commence the action against...

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