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No. 94-1560 ___________

Kyle Brian Zwack, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. University of Minnesota; Betty * Hackett, * [UNPUBLISHED] * Appellees. *

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Submitted: September 6, 1996

Filed: September 16, 1996 ___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Kyle Brian Zwack appeals the district court's1 dismissal of his civil rights action pursuant to 28 U.S.C. § 1915(d). We conclude dismissal of Zwack's complaint as frivolous was correct, even considering Zwack's objections to the magistrate judge's report and recommendation. Accordingly, we affirm. See 8th Cir. R. 47B.

1 The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Floyd E. Boline, United States Magistrate Judge for the District of Minnesota. A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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