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LARKINS v. OSWALD

Civ. No. 1972-341.

364 F.Supp. 1374 (1973)

Tyrone Benjamin LARKINS, Plaintiff, v. Russell G. OSWALD, Commissioner of Correction of New York State, et al., Defendants.

United States District Court, W. D. New York.

October 5, 1973.

Attorney(s) appearing for the Case

Robert B. Conklin, Buffalo, N. Y., for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of the State of New York (Bedros Odian, Buffalo, N. Y., of counsel), for defendants.

CURTIN, District Judge.

Pending before the court for decision are motions for summary judgment filed by both parties. Plaintiff alleges that on June 7, 1972 he was placed in segregation by an Attica Adjustment Committee for having "inflammatory writing" in his cell and he is therefore being punished for his political beliefs. See Sostre v. McGinnis, 442 F.2d 178, 202-203 (2d Cir. 1971). By prior order of this court, plaintiff...

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