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BARTON v. EICHELBERGER

No. 69-286 Civil.

311 F.Supp. 1132 (1970)

Rhoda BARTON and Lewis Johnstone, on behalf of themselves and all others similarly situated, Plaintiffs, v. Eli EICHELBERGER, Mayor, City of York, Pennsylvania; Leslie Jackson, Director of Public Safety, City of York, Pennsylvania; Leonard Landis, Chief of Police, City of York, Pennsylvania; Russell Koontz, Captain, York City Police Department, City of York, Pennsylvania, Defendants.

United States District Court, M. D. Pennsylvania.

March 31, 1970.

Attorney(s) appearing for the Case

McNees, Wallace & Nurick, Harrisburg, Pa., Peter Hearn, Edith Laver, Philadelphia, Pa., for plaintiffs.

Richard P. Noll, York, Pa., John W. Heller, III, City Solicitor, York, Pa., for defendants.

Louis Adler, Harrisburg, Pa., Jack Greenberg, James M. Nabrit, III, Michael Meltsner, Melvyn Zarr, New York City, Anthony G. Amsterdam, Stanford University Law School, Stanford, Calif., for amici curiae—NAACP Legal Defense and Educational Fund, Inc. and National Office for Rights of the Indigent.

OPINION

NEALON, District Judge.

In this class action pursuant to Fed.R. Civ.P. 23(b) (2), declaratory and injunctive relief is sought by plaintiffs against the Mayor, Director of Public Safety, and certain named police officials of the City of York, Pennsylvania. Jurisdiction is premised upon 28 U.S.C. § 1343 (3) and (4) and 42 U.S.C. § 1983, the Civil Rights Act. Plaintiffs' complaint is bottomed on three basic issues, viz., that defendants, their...

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