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MORGAN v. LaVALLEE

No. 70, Docket 75-2044.

526 F.2d 221 (1975)

Zachary MORGAN, Appellant, v. Edwin J. LaVALLEE, Warden, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 14, 1975.

Attorney(s) appearing for the Case

Stephen M. Latimer, New York City (Donald Grajales, Bronx Legal Services Corp., New York City, on the brief), for appellant.

Burton Herman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellee.

Before SMITH, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Appellant, an inmate of New York's Clinton State Prison a/k/a Dannemora, comes to us on this occasion1 by virtue of dismissal without a hearing of an action he brought under 42 U.S.C. § 1983, which alleged that the following features of his confinement were in violation of his constitutional rights: (1) the prison authorities' refusal to permit him to receive a specific publication (the January 1974 issue of...

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