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KIERNAN v. LINDSAY

No. 71 Civ. 2978 D.N.E.

334 F.Supp. 588 (1971)

Edward J. KIERNAN et al., Plaintiffs, v. John V. LINDSAY, as Mayor of the City of New York, et al., Defendants.

United States District Court, S. D. New York.

November 24, 1971.

Attorney(s) appearing for the Case

Stanley D. Halperin, Charles Ballon, Kenneth D. Burrows, Phillips Nizer, Benjamin, Krim & Ballon, New York City, of counsel, for plaintiffs.

William M. Murphy, Ossining, N. Y. (J. Lee Rankin, Corporation Counsel for City of New York, James Nespole, New York City, Jesse Levine, Jay Kranis, New York City, of counsel), for defendants.

Daniel M. Cohen, New York City (Louis J. Lefkowitz, Atty. Gen. State of New York, of counsel) intervenor, pro se.

Before MULLIGAN, Circuit Judge, EDELSTEIN, Chief Judge, District Court and BRYAN, District Judge.

MULLIGAN, Circuit Judge:

The plaintiffs, New York City patrolmen suing on behalf of themselves and others similarly situated, bring this action seeking a declaratory judgment of unconstitutionality and an injunction against the enforcement of New York Civil Service Law § 210(2) (McKinney's Consol.Laws, c. 7, Supp.1970) on the ground that the section is violative of the fourteenth amendment to the United States Constitution.

The defendants, the City of...

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