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WEBB v. OSWALD

71 Civ. 2111.

334 F.Supp. 993 (1971)

Francis J. WEBB, Plaintiff, v. Russell G. OSWALD, Commissioner of Correction, Dr. Alan D. Miller, Commissioner of Mental Hygiene, Defendants.

United States District Court, S. D. New York.

December 9, 1971.

Attorney(s) appearing for the Case

Francis J. Webb, pro se.

Louis J. Lefkowitz, Atty. Gen., of New York, Frank I. Strom, II, Asst. Atty. Gen., for defendants Oswald and Miller.

GURFEIN, District Judge.

This is a motion by the defendants for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure.

The plaintiff pro se is a patient of Matteawan State Hospital. He was committed to that institution for the criminally insane on April 28, 1960 pursuant to a finding by a State Court Judge that he was "dangerously mentally ill" within the meaning of § 85 of the

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