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LACKAWANNA POLICE BENEVOLENT ASSOCIATION v. BALEN

No. 1077, Docket 71-1558.

446 F.2d 52 (1971)

LACKAWANNA POLICE BENEVOLENT ASSOCIATION, Plaintiff-Appellant, v. Mark L. BALEN, Mayor of the City of Lackawanna, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 16, 1971.

Attorney(s) appearing for the Case

Edward J. McGuinness, Lackawanna, N. Y., for plaintiff-appellant.

Chester Niscora, Asst. City Atty., Lackawanna, N. Y. (Samuel P. Simon, City Atty., of counsel), for defendants-appellees.

Before FRIENDLY, Chief Judge, and LUMBARD and OAKES, Circuit Judges.

PER CURIAM:

Section 208-d of the General Municipal Law of New York, McKinney's Consol.Laws, c. 24, enacted by Laws 1967, ch. 812, effective May 2, 1967, authorizes any member of a police force of a city to engage in extra work for another employer outside his regular hours of duty but sets a limit of 20 hours a week. After unsuccessful challenge to the constitutionality of this statute through the hierarchy of state courts, plaintiff brought this action in the District...

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