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DiGIOVANNI v. HENDERSON

No. 72-1934 Summary Calendar.

465 F.2d 382 (1972)

John DiGIOVANNI, Petitioner-Appellant, v. J. D. HENDERSON, Warden, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 21, 1972.

Attorney(s) appearing for the Case

Dean A. Andrews, Jr., Michael F. Barry, New Orleans, La., for petitioner-appellant.

John W. Stokes, Jr., U. S. Atty., George H. Connell, Jr., Asst. U. S. Atty., Atlanta, Ga., for respondents-appellees.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellant, a federal prisoner, filed suit against the warden of the Federal penitentiary in Atlanta, Georgia, alleging that he was unable to receive there the medical attention which his physical condition required. The district court granted summary judgment to the warden on the basis of affidavits of the physicians who had examined and were treating appellant. We affirm.

The complaint alleged sufficient...

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