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DORAK v. COUNTY OF NASSAU, STATE OF NEW YORK

No. 879, Docket 35612.

445 F.2d 1023 (1971)

John DORAK a/k/a Peter Dorak, Plaintiff-Appellant, v. The COUNTY OF NASSAU, STATE OF NEW YORK, Defendant-Appellee (two cases). John DORAK, Plaintiff-Appellant, v. William CAHN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 1971.

Attorney(s) appearing for the Case

Harry Heller, New York City, for plaintiff-appellant.

Louis Schultz, Senior Deputy County Atty., Mineola, N. Y. (Joseph Jaspan, County Atty. for Nassau County, Benedict F. Romano, Deputy County Atty., of counsel), for defendant-appellee.

Before KAUFMAN and MOORE, Circuit Judges, and TIMBERS, District Judge.

PER CURIAM:

Plaintiff's alleged causes of action for abuse of process against the County of Nassau (69-C-485) and against the District Attorney of Nassau County (69-C-1561) were dismissed upon motion of the respective defendants for failure to state claims upon which relief can be granted. Rule 12(b) (6), Fed.R.Civ.P. In plaintiff's third cause of action for false arrest and malicious prosecution against the County of Nassau (69-C-1562), defendant's motion for summary...

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