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GAITO v. ELLENBOGEN

No. 18039.

425 F.2d 845 (1970)

Joseph GAITO, Appellant, v. Honorable Henry ELLENBOGEN, Honorable J. Frank Graff, Honorable William C. Sennett, Honorable Robert W. Duggan and A. T. Prasse, et al.

United States Court of Appeals, Third Circuit.

Decided April 28, 1970.

Attorney(s) appearing for the Case

Joseph Gaito, pro se.

Carol Mary Los, Asst. Dist. Atty., Pittsburgh, Pa. (Robert W. Duggan, Dist. Atty. of Allegheny County, Robert L. Campbell, Asst. Dist. Atty., Pittsburgh, Pa., on the brief), for appellees.

Before KALODNER and VAN DUSEN, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from an order of April 17, 1969, dismissing plaintiff's civil rights complaint against various state officials.

The basic facts in this case appear to be undisputed. Plaintiff was convicted on February 19, 1960, of armed robbery, assault with intent to kill, and carrying a concealed deadly weapon, and was sentenced to 18 to 42 years' imprisonment...

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