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TYREE v. FITZPATRICK

Civ. A. No. 70-1323-C.

325 F.Supp. 554 (1971)

Benjamin TYREE, Petitioner, v. John J. FITZPATRICK et al., Respondents.

United States District Court, D. Massachusetts.

March 9, 1971.

Attorney(s) appearing for the Case

Richard S. Chute, Hill & Barlow, Boston, Mass., for petitioner.

Charles E. Chase, Asst. Atty. Gen., Crim. Div., Boston, Mass., for respondents.

OPINION

CAFFREY, District Judge.

This is a civil action by a state prisoner against the Commissioner of Correction of the Commonwealth of Massachusetts, the Superintendent of the Massachusetts Correctional Institution at Walpole, and the Superintendent of the Massachusetts Correctional Institution at Concord. Jurisdiction of this court is invoked on the basis of 28 U.S. C.A. 1343, on the ground that the action arises under 42 U.S.C.A. 1983. The amended complaint...

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