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WINTERS v. MILLER

No. 949, Docket 75-7121.

517 F.2d 1337 (1975)

Miriam WINTERS, Plaintiff-Appellant, v. Alan D. MILLER, M.D., Individually and as Commissioner of Mental Hygiene of the State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 6, 1975.

Attorney(s) appearing for the Case

Philip M. Gassel, New York City (Legal Services for the Elderly Poor, Jonathan A. Weiss, New York City, of counsel), and Bruce J. Ennis (New York Civ. Liberties Union, New York City), of counsel, for plaintiff-appellant.

Stanley L. Kantor, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for State defendants-appellees.

Ellen Kramer Sawyer, New York City (W. Bernard Richland, Corp. Counsel, L. Kevin Sheridan, New York City, of counsel), for defendants-appellees Thomas and Ollins.

Before KAUFMAN, Chief Judge, and SMITH and MESKILL, Circuit Judges.

PER CURIAM:

Miriam Winters appeals from the order of Judge Orrin G. Judd of the Eastern District of New York denying as to three defendants but granting as to others her motion under Fed.R.Civ.P. 60(b)1 to reinstate her civil rights action, 42 U.S.C. § 1983, 28 U.S.C. § 1343, dismissed for her failure to appear for trial at the scheduled time. The dismissal followed an order of this court remanding the plaintiff's complaint for...

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