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HERNANDEZ-AVILA v. AVERILL

No. 328, Docket 83-2240.

725 F.2d 25 (1984)

Eco N. HERNANDEZ-AVILA, Lillian Cora [Jane Doe I], Jane Doe II, on Behalf of John Doe, Jane Doe III, Plaintiffs, Lillian Cora, Plaintiff-Appellant, v. Inspector AVERILL, New York City Police Dept., Detective Porter, N.Y.C. Police Dept., Sergeant Taylor, N.Y.C. Police Dept., Lieutenant Savage, N.Y.C. Emergency Squad, Officer Baker, N.Y.C. Emergency Squad, Officer Bowers, N.Y.C. Emergency Squad, Harrison Goldin, Comptroller of the City of New York, and The City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 5, 1984.

Attorney(s) appearing for the Case

Sutton Keany, New York City (Peter W. Sheil, Susan J. Kohlmann, Winthrop, Stimson, Putnam & Roberts, New York City, on the brief), for plaintiff-appellant.

Noel Ferris, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, Leonard Koerner, Robert Bergen, Asst. Corp. Counsel, New York City, on the brief), for defendants-appellees.

Before MANSFIELD, KEARSE and WINTER, Circuit Judges.

KEARSE, Circuit Judge:

Lillian Cora appeals from a judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, entered pursuant to Fed.R.Civ.P. 54(b), dismissing Cora from the action on the ground that there was no basis for considering her a party plaintiff. Cora appeals, contending that the court took an unduly technical view of her status and that defendants had waived any objection to the technical defects...

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