Habda v. Wysocker, 71-1428.

Decision Date01 May 1972
Docket NumberNo. 71-1428.,71-1428.
Citation458 F.2d 537
PartiesLaszlo HABDA, Appellant, v. Jack WYSOCKER, Esq.
CourtU.S. Court of Appeals — Third Circuit

Laszlo Habda, in pro. per.

Ralph De Sevo, De Sevo, Cerutti, Lombadi & Fitzpatrick, Jersey City, N. J., for appellee.

Before HASTIE and GIBBONS, Circuit Judges, and BECKER, District Judge.

OPINION OF THE COURT

PER CURIAM:

Appellant's civil action for damages against his former attorney alleges that the attorney in a criminal case in a state court neglected to challenge the legal sufficiency of an indictment. The district court granted summary judgment for the defendant on the ground that there was no federal jurisdiction. See 28 U.S.C. § 1343. On the authority of Thomas v. Howard, 455 F.2d 228 (3d Cir., filed Feb. 9, 1972), we affirm.

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2 cases
  • Com. v. Carsia
    • United States
    • Pennsylvania Superior Court
    • April 4, 1985
    ...cert. denied, 412 U.S. 950, 93 S.Ct. 3015, 37 L.Ed.2d 1003 (1973); Steward v. Meeker, 459 F.2d 669 (3d Cir.1972); Habda v. Wysocker, 458 F.2d 537 (3d Cir.1972). Moreover, we note that in Commonwealth v. Garrison, 478 Pa. 356, 386 A.2d 971 (1978), the court held that an attorney is not an "o......
  • Brown v. Joseph
    • United States
    • U.S. Court of Appeals — Third Circuit
    • June 22, 1972
    ...a state officer so as to bring his actions within the purview of § 1983. Steward v. Meeker, 459 F.2d 669 (3d Cir. 1972); Habda v. Wysocker, 458 F.2d 537 (3d Cir. 1972); United States ex rel. Wilkins v. Banmiller, 325 F.2d 514, 516 (3d Cir. Moreover, we have recently held that a New Jersey l......

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