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HATHAWAY v. COUGHLIN

No. 465, Docket 95-2389.

99 F.3d 550 (1996)

William HATHAWAY, Plaintiff-Appellant, v. Thomas A. COUGHLIN, Commissioner of the Department of Correctional Services, E.W. Jones, Superintendent of Great Meadow Correctional Facility, Foote, Dr., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 8, 1996.

Attorney(s) appearing for the Case

John D. Kimball, Healy & Baillie, New York City (Shari M. Rubin, Healy & Baillie, on the brief) for plaintiff-appellant.

Michael S. Buskus, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, and Peter G. Crary, Assistant Attorney General, on the brief) for defendants-appellees.

Before: OAKES and ALTIMARI, Circuit Judges,

ALTIMARI, Circuit Judge:

Plaintiff-appellant William Hathaway ("Hathaway") appeals from a judgment of the United States District Court for the Northern District of New York (Scullin, J.) dismissing his § 1983 action alleging deliberate indifference by prison officials to his medical condition, upon a jury verdict rendered in favor of the defendant-appellee Dr. Joseph Foote ("Dr. Foote"). On appeal, Hathaway contends: (1) that the district court's instruction...

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