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KOPEC v. COUGHLIN

No. 655, Docket 90-7670.

922 F.2d 152 (1991)

Mitchell KOPEC, Appellant, v. Thomas A. COUGHLIN III, Dr. Raymond Broaddus, Robert W. Spence, Dr. Scheinfeld and F. Karcnik, M.D., Appellees.

United States Court of Appeals, Second Circuit.

Decided January 2, 1991.

Attorney(s) appearing for the Case

Michael Rikon, New York City (Amy I. Don, and Michael Rikon P.C., New York City on the brief) for appellant Mitchell Kopec.

Sue Rosenshein, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., New York City, on the brief) for appellees Coughlin, Broaddus, Spence and Karcnik.

Kenneth Mauro, New York City (Schiavetti, De Vito, Begos, & Nicholson, New York City, on the brief) for appellee Scheinfeld.

Before TIMBERS, VAN GRAAFEILAND and WALKER, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Mitchell Kopec appeals from a judgment entered June 28, 1990, in the Southern District of New York, Whitman Knapp, District Judge, granting appellees' Rule 12(b)(6) motion to dismiss Kopec's complaint for failure to state a claim pursuant to 42 U.S.C. § 1983.

On appeal, Kopec contends that the district court erred in converting appellees' motion to dismiss into one for summary judgment without giving him notice...

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