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DAVIS v. ZAHRADNICK

No. 78-6311.

600 F.2d 458 (1979)

Ronald G. DAVIS, Appellant, v. R. F. ZAHRADNICK, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Wm. J. Doran, III, Richmond, Va., for appellant.

Burnett Miller, III, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

PER CURIAM:

In this civil rights suit under 42 U.S.C. § 1983, the district court granted summary judgment against Virginia inmate Davis. We vacate and remand the case for trial.

Proceeding pro se, Davis filed a verified complaint naming a guard and the prison warden as defendants. Davis alleged that he was assaulted by a fellow inmate, that the guard watched the knifing attack without acting to protect him, and that after the fight the guard denied...

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