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KELLY v. BUTLER COUNTY BOARD OF COMMISSIONERS

Misc. No. 718.

399 F.2d 132 (1967)

Denis P. KELLY, Petitioner, v. BUTLER COUNTY BOARD OF COMMISSIONERS, Board of Prison Managers, Butler County Correctional Institution, Thomas Hutchinson, Warden, Butler County Correctional Institution and their Agents.

United States Court of Appeals Third Circuit.

Decided September 20, 1967.

Attorney(s) appearing for the Case

Denis P. Kelly, pro se.

Charles T. Chew, County Sol., County of Butler, Butler, Pa., for appellee.

Before BIGGS, McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This suit seeking money damages only and filed under 28 U.S.C. § 1343 and 42 U.S.C. §§ 1981 and 1983 is before this court on plaintiff's application, supported by affidavit of poverty, to prosecute an appeal in this court in forma pauperis from an order of the District Court denying his application to proceed in forma pauperis in that court under 28 U.S.C. § 1915. The District Court opinion stated: "a...

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