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WEAVER v. PATE

No. 16094.

390 F.2d 145 (1968)

James WEAVER, Plaintiff-Appellant, v. Frank J. PATE, Warden of the Illinois State Penitentiary, Joliet, Illinois, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 15, 1968.

Attorney(s) appearing for the Case

Roger J. Kiley, Jr., Chicago, Ill., James Weaver, pro se, for appellant.

William G. Clark, Atty. Gen., Phillip Rock, Asst. Atty. Gen., Chicago, Ill., for appellee; John J. O'Toole, Robert F. Nix, Asst. Attys. Gen., of counsel.

Before SCHNACKENBERG, CASTLE and CUMMINGS, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

James Weaver, plaintiff, has appealed from an order of the district court dismissing his complaint, based on 42 U.S. C.A. § 1983, alleging violation of his rights under the first and fourteenth amendments to the United States constitution. He claims jurisdiction exists under 28 U.S.C.A. § 1343.

By his complaint he charged that on March 29, 1957, he then being an inmate of an Illinois penitentiary, he was attacked and...

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