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BIRNBAUM v. TRUSSELL

No. 472, Docket 29228.

347 F.2d 86 (1965)

Morton BIRNBAUM, Plaintiff-Appellant, v. Ray E. TRUSSELL, Commissioner of the Department of Hospitals of the City of New York, Robert J. Mangum, First Deputy Commissioner of the Department of Hospitals of the City of New York, and William Lewis, President, Local 237, International Brotherhood of Teamsters, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 17, 1965.

On Rehearing September 24, 1965.

Attorney(s) appearing for the Case

Paul J. Clifford, Westbury, N. Y., for appellant.

Seymour B. Quel, Maurice Nadler, New York City (Leo A. Larkin, Corp. Counsel, New York City, and Benjamin Offner, New York City, of counsel), for appellees Trussell and Mangum.

Robert Nelson Shiverts, New York City (Louis E. Yavner, New York City, on the brief), for appellee Lewis.

Before MOORE, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge.

This appeal questions the propriety of the district court's dismissal "for lack of jurisdiction" of a complaint seeking damages for violations of the Civil Rights Act of 1871.1 We reverse and remand with instructions that the complaint be dismissed for failure to state a claim upon which relief can be granted, with leave to amend.

Plaintiff, Dr. Morton Birnbaum, a physician, brought an action pro se...

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