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UNITED STATES EX REL. FEAR v. RUNDLE

No. 73-2052.

506 F.2d 331 (1974)

UNITED STATES of America ex rel. James Hoey FEAR, Appellee, v. Alfred T. RUNDLE, Superintendent, Edwin Anderson, Physician, Raymond Place, Physician, and Commonwealth of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 26, 1974.

Attorney(s) appearing for the Case

Gerald Jay Pomerantz, Glickstein, Pomerantz & Briskin, Philadelphia, Pa., for appellee.

Israel Packel, Atty. Gen., Lawrence Barth, Asst. Atty. Gen., Michael Minkin, Asst. Atty. Gen., Chief, Civil Litigation, Eastern Region Office, Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, for appellants.

Before SEITZ, Chief Judge, and GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal from a lower court monetary judgment in favor of the plaintiff in a diversity action based on negligence. The action was initiated by a pro-se complaint of a former inmate in a prison operated by the Commonwealth of Pennsylvania. The plaintiff sued the superintendent of the prison in which he was confined and two physicians associated with the prison who had treated him for an injury sustained during...

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