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ELKO v. McCAREY

Civ. A. No. 70-1840.

315 F.Supp. 886 (1970)

James M. ELKO, James T. McDonough, Angelo A. Cileone, Vincent R. Talarico, James P. Yeager, Joseph F. Nugent, individually and on behalf of those similarly situated v. James J. McCAREY, Fire Commissioner of City of Philadelphia and City of Philadelphia.

United States District Court, E. D. Pennsylvania.

August 11, 1970.

Attorney(s) appearing for the Case

Thomas F. McDevitt, Philadelphia, Pa., for plaintiffs.

Levy Anderson, City Solicitor, John Mattioni, Asst. City Solicitor, Philadelphia, Pa., for defendants.

OPINION

KRAFT, District Judge.

This Civil Rights Action (42 U.S.C.A. § 1983) was brought by plaintiffs, who are all members of the Fire Department of the City of Philadelphia. They have been suspended for ten days without pay by defendant Fire Commissioner and threatened with further more serious disciplinary action including dismissal because they have been found to be in violation of a "memorandum" and "special order"1

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