Rhoda Y. BARTON and Lewis Johnstone, on behalf of themselves and all others similarly situated, Appellants,
v.
Eli EICHELBERGER, Mayor, City of York, Pennsylvania, et al.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued March 19, 1971.
Decided November 1, 1971.
Attorney(s) appearing for the Case
Peter Hearn, Pepper, Hamilton & Scheetz, Philadelphia, Pa. (Edith G. Laver, Philadelphia, Pa., on the brief), for appellants.
David W. Bupp, City Sol., York, Pa. (Jay V. Yost, York, Pa., on the brief), for appellees.
Fred Speaker, Atty. Gen., Dept. of Justice, Harrisburg, Pa., on brief, for Commonwealth of Pennsylvania, amicus curiae.
Jack Greenberg, James M. Nabrit, III, Michael Meltsner, Melvyn Zarr, New York City, Anthony G. Amsterdam, Stanford, Cal., on brief for amici curiae N.A.A.C.P. Legal Defense and Educational Fund, Inc. and The National Office for the Rights of the Indigent.
Before BIGGS and KALODNER, Circuit Judges, and WHIPPLE, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
KALODNER, Circuit Judge.
This appeal is from the District Court's dismissal of the plaintiffs' class action seeking declaratory and injunctive relief, under the Civil Rights Act,1 against the Mayor and Director of Public Safety of the City of York, Pennsylvania, and the named York police officials. Plaintiffs, York residents, allege in their Amended Complaint, that the defendants had violated their rights...
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