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GRAHAM v. LEWINSKI

No. 896, Docket 87-2413.

848 F.2d 342 (1988)

Frank GRAHAM, Plaintiff-Appellant, v. Correctional Sergeant LEWINSKI, Correctional Officer Piechoki, Correctional Officer Schimley, Attica Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 25, 1988.

Attorney(s) appearing for the Case

Thomas I. Sheridan, III, New York City (Richards, O'Neil & Allegaert, of counsel), for plaintiff-appellant.

Martin A. Hotvet, Asst. Atty. Gen. of State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., O. Peter Sherwood, Sol. Gen., Peter H. Schiff, Deputy Sol. Gen., of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and CARDAMONE and PIERCE, Circuit Judges.

FEINBERG, Chief Judge:

Frank Graham, an incarcerated state prisoner, appeals from an order of the United States District Court for the Western District of New York, dismissing his complaint brought under 42 U.S.C. § 1983 and granting summary judgment to defendant correction officers. Appellant contends that the district court erred in granting summary judgment because appellant's papers in the district court raised material issues of fact. For the reasons set...

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