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COLON v. MACK

No. 93 Civ. 2674(KTD).

983 F.Supp. 494 (1997)

Jose COLON, Plaintiff, v. Correction Officer D. MACK, et al., Defendants.

United States District Court, S.D. New York.

November 17, 1997.

Attorney(s) appearing for the Case

Loren I. Glassman, White Plains, NY, for plaintiff.

Dennis C. Vacco, Attorney General of the State of New York, (Vincent Leong, of counsel), New York City, for defendants.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge.

Familiarity is assumed with my Memorandum and Order, dated September 5, 1997, in which the parties were directed to brief the issue of whether the Court should grant judgment as a matter of law.

The first issue is whether the erroneous instruction regarding Plaintiff's citizenship in my jury charge was harmless error. Plaintiff's counsel asserts that the "charge all but guaranteed dismissal...

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