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CARDILLO v. ZYLA

No. 73-1238.

486 F.2d 473 (1973)

Robert L. CARDILLO, Plaintiff-Appellant, v. John ZYLA, etc., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided October 29, 1973.

Attorney(s) appearing for the Case

Robert L. Cardillo, on brief, pro se.

William J. Deachman, U. S. Atty., on brief, for Calvin Smith, defendant-appellee.

Theodore Wadleigh and Wadleigh, Starr, Peters, Dunn & Kohls, Manchester, N. H., on brief, for The Merchant's National Bank of Manchester, defendant-appellee.

David A. Brock, and Perkins, Douglas & Brock, Concord, N. H., on brief, for John Zyla, etc., defendant-appellee.

Before McENTEE and CAMPBELL, Circuit Judges, and KILKENNY, Senior Circuit Judge.

PER CURIAM.

In a diversity action Cardillo seeks damages against various individuals who, he alleges, gave or induced others to give perjured testimony by reason of which Cardillo was convicted and sentenced. The district court dismissed the complaint for failure to state a claim upon which relief could be granted, F. R.Civ.P. 12(b)(6), characterizing its allegations as "a mere rehash of the facts elicited in a criminal case against the complainant."

Cardillo...

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