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LUCAS v. MILES

No. 446, Docket 94-2718.

84 F.3d 532 (1996)

Joseph Mercidieu LUCAS, Plaintiff-Appellant, v. Ronald MILES, Thomas A. Coughlin, III, Dr. Robert B. Greifinger, M.D., Dr. Shah, M.D., Terry-Bolar, R.N., Correction Officer Mellis, and Dr. Milki Bhat, M.D., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 16, 1996.

Attorney(s) appearing for the Case

Adam J. Safer, New York City (Douglas F. Broder, Coudert Brothers, New York City, of counsel), for Plaintiff-Appellant.

(Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Wayne L. Benjamin, John McConnell, Assistant Attorneys General, Albany, NY, on the brief), for Defendants-Appellees.

Before: VAN GRAAFEILAND, JACOBS and PARKER, Circuit Judges.

PARKER, Circuit Judge:

This is an appeal from two rulings of the United States District Court for the Western District of New York (Judge John Elfvin): (1) the dismissal of a supplemental complaint because it was filed after a court-specified deadline, and (2) the granting of summary judgment because the statute of limitations barred the claims in the original complaint. We vacate the dismissal of the supplemental complaint as contrary to circuit precedent. Because...

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