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MEREDITH v. STATE OF ARIZONA

No. 74-1315.

523 F.2d 481 (1975)

Levoy Jasper MEREDITH, Petitioner-Appellant, v. STATE OF ARIZONA et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

September 30, 1975.

Attorney(s) appearing for the Case

Levoy Meredith, in pro. per.

Stanley L. Patchell, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and CONTI, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Meredith's civil rights action (42 U.S.C. § 1983) was dismissed for failure to state a claim for relief, and he appeals.

I. The Facts.

We assume, for present purposes only, that the allegations of Meredith's complaint are true. They are as follows:

Meredith is incarcerated in a state prison in Arizona. He has a medical history of emphysema. In...

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