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ROMER v. LEARY

No. 574, Docket 34248.

425 F.2d 186 (1970)

Eugene C. ROMER, Plaintiff-Appellant, v. Howard R. LEARY, as Police Commissioner of the City of New York, and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 10, 1970.

Attorney(s) appearing for the Case

Irving L. Weinberger, New York City (Schneider & Kaufman, New York City, of counsel), for plaintiff-appellant.

Robert T. Hartmann, New York City (J. Lee Rankin, Corp. Counsel of The City of New York, and Stanley Buchsbaum, Asst. Corp. Counsel, of counsel), for defendants-appellees.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and DOOLING, District Judge.

DOOLING, District Judge:

Plaintiff, then a New York City policeman, was dismissed from the Police Department under Section 1123 of the New York City Charter on September 23, 1963, when, directed to appear and testify before a Grand Jury, he refused to sign a waiver of immunity, relying upon his privilege against self-incrimination. After Gardner v. Broderick, 1968, 392 U.S. 273, 88 S.Ct. 1913, 20 L.Ed.2d 1082, held, in a parallel case...

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