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COOPER v. PATE

Nos. 15462, 15463.

382 F.2d 518 (1967)

Thomas COOPER, Plaintiff-Appellee and Appellant, v. Frank J. PATE, Warden of the Illinois State Penitentiary, et al., Defendants-Appellants and Appellees.

United States Court of Appeals Seventh Circuit.

June 29, 1967.

Attorney(s) appearing for the Case

Edward W. Jacko, Jr., New York City, Robert S. Solomon, Chicago, Ill., for Cooper, Marshall Patner, Chicago, Ill., of counsel.

William G. Clark, Atty. Gen., Thomas D. Decker, Asst. Atty. Gen., for Pate, Richard E. Friedman, First Assistant Atty. Gen., Richard A. Michael, Asst. Atty. Gen., of counsel.

Before SCHNACKENBERG, SWYGERT and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

This case is here for the second time. On the first appeal, this court affirmed judgment dismissing the complaint for failure to state a cause of action.1 The Supreme Court reversed, holding that plaintiff Cooper's complaint did state a cause of action.2

Cooper averred that he is non-white; that he is incarcerated in an Illinois penitentiary...

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