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BELLOWS v. DAINACK

No. 859, Docket 76-7531.

555 F.2d 1105 (1977)

Vincent J. BELLOWS, Appellee, v. Dennis DAINACK and Brian Van Houten, Appellants.

United States Court of Appeals, Second Circuit.

Decided May 16, 1977.

Attorney(s) appearing for the Case

George H. Rosen, Monticello, N. Y., for appellee.

Irving Galt, New York City (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., A. Seth Greenwald, Asst. Atty. Gen., New York City, of counsel), for appellants.

Before MANSFIELD, Circuit Judge, SMITH, Chief Judge, and PALMIERI, District Judge.

PALMIERI, District Judge:

This action, brought under 42 U.S.C. § 1983, is based on an incident which occurred in the rural community of Livingston Manor, Sullivan County, during a time when a fireman's carnival was taking place. Late in the night of July 16, 1972 or early in the morning of July 17, 1972, the plaintiff was taken into custody for public intoxication by the defendants, Dainack and Van Houten, who are New York State troopers. It does not appear to...

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