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LOPER v. NEW YORK CITY POLICE DEPT.

No. 1035, Docket 92-9127.

999 F.2d 699 (1993)

Jennifer LOPER, William Kaye, on behalf of themselves, and all others similarly situated, Plaintiffs-Appellees, v. The NEW YORK CITY POLICE DEPARTMENT, Lee P. Brown, Commissioner of NYC Police Dept., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 29, 1993.

Attorney(s) appearing for the Case

Fay Leoussis, Asst. Corp. Counsel City of New York, New York City (O. Peter Sherwood, Corp. Counsel, Leonard Koerner, Bruce Rosenbaum, of counsel), for defendants-appellants.

George Sommers, New York City, for plaintiffs-appellees.

Robert Teir and Henry J. Stern, New York City Submitted a Brief for amici curiae American Alliance for Rights and Responsibilities and The Citizens Union of the City of New York in Support of defendants-appellants.

Before: MINER, McLAUGHLIN and FRIEDMAN, Circuit Judges.

MINER, Circuit Judge:

Defendants-appellants The New York City Police Department and Lee F. Brown, Commissioner of the Department, ("City Police") appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Sweet, J.) in favor of plaintiffs-appellees Jennifer Loper and William Kaye, on behalf of themselves and all others similarly situated ("Plaintiffs"). The district court in this case has certified a plaintiff...

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