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WEST v. ATKINS

No. 85-6483.

799 F.2d 923 (1986)

Quincy WEST, Appellant, v. Samuel ATKINS; Rae McNamara; James B. Hunt, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1986.

Attorney(s) appearing for the Case

Richard E. Giroux, North Carolina Legal Services, Inc., Raleigh, N.C., for appellant.

Jacob L. Safron, Sp. Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Raleigh, N.C., on brief) for appellees.

Before HARRISON L. WINTER, Chief Judge, and MURNAGHAN and ERVIN, Circuit Judges.

MURNAGHAN, Circuit Judge.

Presented by a North Carolina prisoner, Quincy West, with a claim under 42 U.S.C. § 1983 that he was deliberately denied adequate medical help by a physician under contract with the state to provide orthopedic care to prisoners, we find it premature to grant summary judgment simply on the grounds that Calvert v. Sharp, 748 F.2d 861 (4th Cir.1984), cert. denied, ___ U.S. ___, 105 S.Ct. 2667...

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