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ROTOLO v. BOROUGH OF CHARLEROI

Nos. 73-1368 and 73-1369.

532 F.2d 920 (1976)

Salvadore ROTOLO, Appellant, v. The BOROUGH OF CHARLEROI et al. (two cases).

United States Court of Appeals, Third Circuit.

Decided March 22, 1976.

Attorney(s) appearing for the Case

Albert C. Gaudio, Henry A. Martin, Monessen, Pa., for appellant.

Jack H. France, Murphy & France, Charleroi, Pa., for appellees.

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

Submitted Under Third Circuit Rule 12(6) December 10, 1975.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from an order granting defendant's motion under Fed.R.Civ.P. 12(b)(6) to dismiss plaintiff's two civil rights complaints for failure to state a claim upon which relief can be granted. We believe the district court erred in dismissing the complaints without allowing plaintiff opportunity to amend. We therefore vacate the judgment and remand...

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