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WYNDER v. McMAHON

Docket No. 02-9101.

360 F.3d 73 (2004)

Kenneth WYNDER, Plaintiff-Appellant, v. James W. MCMAHON, David Spahl, Robert Jones, Louis B. Barbaria, Craig Masterson, Individually, Defendants-Appellees, John Keats, Marine Midland Bank, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 1, 2004.

Attorney(s) appearing for the Case

Richard J. Merritt, Lindenhurst, NY, for Plaintiff-Appellant.

Susan H. Odessky, Assistant Attorney General, for Eliot Spitzer, Attorney General of the State of New York, for Defendants-Appellees.

Before: WALKER, Chief Judge, CALABRESI and CABRANES, Circuit Judges.

CALABRESI, Circuit Judge.

In February 1999, plaintiff-appellant Kenneth Wynder filed a civil rights complaint in the United States District Court for the Eastern District of New York. Twice the district court (Trager, J.) dismissed his complaint with leave to replead, imposing specific conditions on the form and content of the pleading. When, in the district court's estimation, Wynder's second amended complaint did not meet those conditions, the court dismissed...

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