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CAIN v. UNITED STATES

No. 84 Civ. 9278 (RWS).

643 F.Supp. 175 (1986)

Leon CAIN, Plaintiff, v. UNITED STATES of America, Defendant.

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

July 25, 1986.

Attorney(s) appearing for the Case

Schneider, Kleinick, Weitz, P.C., New York City, for plaintiff; Gregory J. Cannata, of counsel.

Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., New York City, for defendant; Frederick M. Lawrence, Asst. U.S. Atty., of counsel.

SWEET, District Judge.

Plaintiff Leon Cain ("Cain") filed this action on December 26, 1984 alleging that the federal government and the State of New York violated his constitutional and civil rights by subjecting him to medical experimentation while incarcerated in New York State. Defendant United States of America (the "government") has moved for an order dismissing this action pursuant to Rule 12(c) Fed.R.Civ.P. for lack of subject matter jurisdiction or alternatively...

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