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LATINO OFFICERS ASS'N, NY v. CITY OF NEW YORK

Docket No. 99-7657.

196 F.3d 458 (1999)

LATINO OFFICERS ASSOCIATION, NEW YORK, INC., and Anthony Miranda, in his capacity as President of the Latino Officers Association, New York, Inc., on behalf of its members, Plaintiffs-Appellees, v. THE CITY OF NEW YORK, The Police Department of the City of New York, Rudolph W. Giuliani, Mayor of the City of New York, and Howard Safir, Police Commissioner of the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 17, 1999.

Attorney(s) appearing for the Case

Christopher T. Dunn, New York Civil Liberties Union, New York, N.Y. (Arthur Eisenberg and Norman Siegel, New York Civil Liberties Union, New York, NY, of counsel), for Plaintiffs-Appellees.

Stuart D. Smith, Office of the Corporation Counsel of the City of New York (Michael D. Hess, Corporation Counsel of the City of New York; and Barry P. Schwartz, Assistant Chief, Appeals Division, of counsel), for Defendants-Appellants.

(J. Michael McGuinness, Elizabethtown, NC, for amicus curiae National Troopers Coalition.)

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

José A. Cabranes, Circuit Judge:

The City of New York, the New York City Police Department, Mayor Rudolph W. Giuliani, and Police Commissioner Howard Safir (collectively, the "NYPD") appeal from an order of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), entered June 10, 1999, preliminarily enjoining the NYPD from prohibiting members of plaintiff Latino Officers Association ("LOA") from marching, in uniform...

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