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SALAHUDDIN v. HARRIS

No. 381, Docket No. 84-2194.

782 F.2d 1127 (1986)

Richard A. SALAHUDDIN, Plaintiff-Appellant, v. David HARRIS, Thomas Maile, Clement E. Capuano, Michael R. Egger, Fred Royce, Joseph P. Keenan, John Doe and Neil Giff, Defendants, David Harris, Thomas Maile, Clement E. Capuano, Michael R. Egger, Fred Royce and Joseph P. Keenan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 31, 1986.

Attorney(s) appearing for the Case

Richard J. Tofel, New York City (Michael B. Mukasey, Patterson, Belknap, Webb & Tyler, New York City, of counsel), for plaintiff-appellant.

Charles R. Fraser, Asst. Atty. Gen., State of New York (Robert Abrams, Atty. Gen., Judith T. Kramer, Asst. Atty. Gen., State of New York, New York City, of counsel), for defendants-appellees.

Before MANSFIELD, MESKILL and CARDAMONE, Circuit Judges.

MESKILL, Circuit Judge:

The plaintiff in this action, Richard Salahuddin, appeals from an opinion and order of the United States District Court for the Southern District of New York that relied on Rule 37(d) of the Federal Rules of Civil Procedure to dismiss Salahuddin's claim for relief under 42 U.S.C. § 1983 (1982).

We reverse.

BACKGROUND

Salahuddin initiated this action in January 1983. On April 8, 1983, the district court ordered...

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