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BIEHUNIK v. FELICETTA

No. 490, Docket 35543.

441 F.2d 228 (1971)

Joseph BIEHUNIK et al., Plaintiffs-Appellees, v. Frank N. FELICETTA, Commissioner of Buffalo Police Department, Thomas R. Blair, Deputy Commissioner of Buffalo Police Department, Howard R. Wheeler, Inspector, Buffalo Police Department, Charles DeVoe and Karl Muehlbauer, both Captains of the Buffalo Police Department, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 5, 1971.

Certiorari Denied June 21, 1971.

Attorney(s) appearing for the Case

Anthony Gregory, Asst. Corp. Counsel (Anthony Manguso, Corp. Counsel, Buffalo, N. Y., on the brief), for appellants.

William B. Mahoney, Buffalo, N. Y., for appellees.

Before LUMBARD, Chief Judge, KAUFMAN and ANDERSON, Circuit Judges.

Certiorari Denied June 21, 1971. See 91 S.Ct. 2256

IRVING R. KAUFMAN, Circuit Judge:

This appeal presents another aspect of the continuing problem of reconciling the state's powers as employer with the constitutional protections its employees enjoy as citizens. The Buffalo Police Commissioner, Frank Felicetta, commanded 62 city policemen, upon pain of discharge, to appear in a lineup for possible identification by civilians who allegedly had been assaulted...

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