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UNIFORMED SAN. MEN ASS'N v. COMMISSIONER OF SAN. OF CITY OF N. Y.

No. 381, Docket 31014.

383 F.2d 364 (1967)

UNIFORMED SANITATION MEN ASSOCIATION, Inc., et al., Plaintiffs-Appellants, v. COMMISSIONER OF SANITATION OF the CITY OF NEW YORK, Commissioner of Investigation of the City of New York, and the City of New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided September 20, 1967.

Attorney(s) appearing for the Case

Leonard B. Boudin, New York City (Victor Rabinowitz, New York City, of counsel, Rabinowitz & Boudin, Morris Weissberg, and John J. DeLury, New York City, on the brief), for appellants.

John J. Loflin, Jr., New York City (Frederic S. Nathan, New York City, and Robert C. Dinerstein, New York City, of counsel, J. Lee Rankin, Corporation Counsel of the City of New York, on the brief), for appellees.

Before MOORE and HAYS, Circuit Judges, and DOOLING, District Judge.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York in an action to enjoin defendants from violating plaintiffs' constitutional rights, denying plaintiffs' motions for summary judgment and granting defendants' motion to dismiss the complaint. We affirm the dismissal of the complaint, although on grounds different from those on which the district court relied.

There is no dispute as...

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