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MUSSO v. SURIANO

Nos. 78-1216, 78-1248 and 78-1302.

586 F.2d 59 (1978)

Joseph MUSSO, Plaintiff-Appellant, v. Raffaele SURIANO, Dean, Loyola University School of Dentistry, John Madonia, Associate Dean, Loyola University School of Dentistry, and Loyola University School of Dentistry, Defendants-Appellees. Patrick BATT, Plaintiff-Appellant, v. MARION HEIGHTS, INC., Sister Lillian Van Domlen, Sister Rosalie Klein, Sister M. Mel O'Dowd, Sister Angiola Stickelmaier, Sister Peyton Ryan, Delores Gencuski, Mrs. A. Boehm, John Conway, Robert Hackett, Gerald Falci, and Roger N. Hamilton, Defendants-Appellees. Stephen J. KAVKA, M. D., Plaintiff-Appellant, v. EDGEWATER HOSPITAL, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 1978.

Attorney(s) appearing for the Case

David L. Walther, Milwaukee, Wis., Ralph E. Brown, Patrick T. Murphy, Chicago, Ill., for plaintiffs-appellants.

Bruce C. O'Neill, Milwaukee, Wis., William J. Campbell, Leon S. Conlon, Chicago, Ill., for defendants-appellees.

Before SPRECHER, Circuit Judge, NICHOLS, Judge, and BAUER, Circuit Judge.

SPRECHER, Circuit Judge.

These three cases have been consolidated for opinion on the recurring issue of when the actions of a private entity can properly be characterized as occurring "under color of state law" allowing maintenance of an action under 42 U.S.C. § 1983.

I

In all three cases, the district court granted defendant's motions to dismiss the complaints for lack of subject matter jurisdiction. In each case the district court held that...

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