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HELLER v. ROBERTS

No. 113, Docket 31515.

386 F.2d 832 (1967)

Harry HELLER, Plaintiff-Appellant, v. Burton ROBERTS, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 8, 1967.

Attorney(s) appearing for the Case

Harry Heller, New York City, pro se. Harry Alan Sherman, Pittsburgh, Pa., of counsel.

Robert E. Hugh, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendant-appellee.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

PER CURIAM:

The complaint claims federal jurisdiction "based on the Federal Civil Rights statutes [42 U.S.C. §§ 1981, 1983 (1964)], the Constitution of the United States and the 14th Amendment thereto." Actually, the allegations would appear to be in support of an action for slander arising out of the utterance by defendant, then an Assistant District Attorney, in open court of an allegedly derogatory word concerning plaintiff, a lawyer, admitted to practice...

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