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MONTANA v. HARRELSON

No. 72-1484 Summary Calendar.

469 F.2d 1091 (1972)

Ernesto MONTANA, Jr., Petitioner-Appellant, v. Lan E. HARRELSON, Warden, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 1, 1972.

Attorney(s) appearing for the Case

Stephen R. Thompson, Dallas, Tex., court appointed, for petitioner-appellant.

Crawford Martin, Atty. Gen., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

Appellant sued the warden of his Texas state correctional institution under 42 U.S.C.A. §§ 1982, 1983 (1970), seeking damages for an alleged seizure of personal property. He alleged jurisdiction by virtue of 28 U.S.C.A. § 1343. The district court dismissed the complaint for lack of jurisdiction.

The court assumed for the purpose of argument that the defendant had taken certain personal property from the plaintiff and had refused...

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