HOWELL v. CATALDI

No. 71-1455.

464 F.2d 272 (1972)

Henry HOWELL, Appellant, v. CATALDI et al.

United States Court of Appeals, Third Circuit.

Decided June 26, 1972.


Attorney(s) appearing for the Case

Cassandra Maxwell Birnie, Philadelphia, Pa., for appellant.

John Mattioni, James M. Penny, Jr., Philadelphia, Pa., for appellees.

Before McLAUGHLIN, VAN DUSEN, and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

Plaintiff has appealed from the direction of a verdict for the defendants in an action brought "under the Civil Rights Statute, the Act of June 25, 1943, 62 Stat. Title 28 U.S. Code Section 1343(3) as amended is [sic] herein after more fully appears, and the 8th Amendment to the United States Constitution."

Plaintiff, a diabetic who demonstrated symptoms of intoxication when he was involved in an automobile...

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