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DAY v. MOSCOW

No. 539, Docket 91-7536.

955 F.2d 807 (1992)

Christopher C. DAY, Ph.D., Plaintiff-Appellant, v. John W. MOSCOW and Joseph B. Murray, individually and as Senior Court Officer of the State of New York, Jane Doe Marshall, individually and as Captain of the New York City Department of Correction and John Doe, 1-10, unknown named officers of the New York City Police Department and the New York City Department of Correction, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 24, 1992.

Attorney(s) appearing for the Case

Bernard Fromartz, Brooklyn, N.Y., for plaintiff-appellant.

Thomas B. Litsky, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Marc Frazier Scholl, Asst. Dist. Atty., on the brief), for defendant-appellee John W. Moscow.

Stephen Mendelsohn, Asst. Atty. Gen. of State of N.Y., New York City (Robert Abrams, Atty. Gen. of State of N.Y., on the brief), for defendant-appellee Joseph B. Murray.

Before OAKES, Chief Judge, and MESKILL and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Christopher C. Day appeals from a final judgment of the United States District Court for the Southern District of New York, Kevin Thomas Duffy, Judge, entered after proceedings on remand from our prior decision, Day v. Morgenthau, 909 F.2d 75 (2d Cir.1990) ("Day I"), dismissing his post-remand amended complaint brought under 42 U.S.C. §§ 1983 and 1985(2) (1988) for damages...

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