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CRUZ v. ESTELLE

No. 72-3701.

497 F.2d 496 (1974)

Fred Arispe CRUZ, Plaintiff-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 1974.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, Amherst, N. Y., for plaintiff-appellant.

John L. Hill, Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The appellant Fred A. Cruz, then a Texas prison inmate, sued Dr. Beto, the Director of the Texas Department of Corrections in federal district1 court in May 1970, seeking injunctive, declaratory, and pecuniary relief. Jurisdiction was alleged under Title 28, U.S.C. Sec. 1343, and Title 42, U.S.C. Sec. 1983.2 The district court dismissed the petition without hearing. Cruz v. Beto, S.D...

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