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JOHNSON v. ALLDREDGE

No. 73-1177.

488 F.2d 820 (1973)

James Harvey JOHNSON, Appellee, v. Warden Noah ALLDREDGE and Corrections Officer Cronrath, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 12, 1973.

Attorney(s) appearing for the Case

Thomas J. Renehan, Jr., Philadelphia, Pa., for appellee.

Harlington Wood, Jr., Asst. Atty. Gen., S. John Cottone, U. S. Atty., Barbara L. Herwig, Walter H. Fleischer, Greer S. Goldman, Attys., Dept. of Justice, Washington, D.C., for appellants.

Before SEITZ, Chief Judge, and HUNTER and WEIS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiff, a federal prisoner, brought this action under 28 U.S.C. § 1331 (1970) against the prison warden, Alldredge, and a prison guard, Cronrath, seeking $35,000 damages for the alleged unconstitutional taking of his property and interference with his access to the courts. Defendants moved for dismissal and both plaintiff and defendants moved for summary judgment. In support of their motions the defendants...

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