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FRANKOS v. LaVALLEE

No. 437, Docket 75-2121.

535 F.2d 1346 (1976)

Donald FRANKOS, Appellant, v. J. Edwin LaVALLEE, Superintendent of Clinton Correctional Facility, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided March 23, 1976.

On Rehearing May 25, 1976.

Attorney(s) appearing for the Case

Donald Frankos, pro se.

Samuel A. Hirshowitz, First Asst. Atty. Gen. of New York (Louis J. Lefkowitz, Atty. Gen. of New York, David L. Birch, Deputy Asst. Atty. Gen. of New York, New York City, of counsel), for appellees LaVallee, Czarnetsky and Asadourian.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

Appeal is from a summary dismissal before answer1 and without hearing by the United States District Court for the Northern District of New York, James T. Foley, Judge, of a civil rights complaint (42 U.S.C. §§ 1983, 1985) by a prison inmate. The district court construed the complaint as one "really" involving dissatisfaction with appointed defense counsel's handling of a state murder charge arising...

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