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FIDTLER v. RUNDLE

No. 73-1668.

497 F.2d 794 (1974)

Joseph FIDTLER, Appellant, v. A. T. RUNDLE, Supt. State Correctional Inst. at Graterford Pa., et al. and Edward T. Hendricks.

United States Court of Appeals, Third Circuit.

Decided May 13, 1974.

As Amended May 24, 1974.

Attorney(s) appearing for the Case

Gilbert E. Geldon, Law Student, Indigent Prisoner Lit. Program, Philadelphia, Pa., for appellant; Ralph S. Spritzer, Supervising Atty., Indigent Prisoner Lit. Program, Philadelphia, Pa., of counsel.

Michael Minkin, Asst. Atty. Gen., Chief, Civ. Lit. Eastern Regional Office, Philadelphia, Pa., for appellee Alfred T. Rundle.

Wanda P. Chocallo, Asst. City Sol., Philadelphia, Pa., for appellee Edward T. Hendricks.

Before ADAMS, HUNTER and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The issue presented in this appeal is whether the district court erred in holding, on the basis of the record before it, that the superintendent of the State Correctional Institution at Graterford (Graterford), cannot be held liable for damages in a suit brought by a prisoner under 42 U.S.C. § 1983. The district court's conclusion that appellee Alfred T. Rundle, the...

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