CARTER v. BARRY

No. 918, Docket 72-1272.

468 F.2d 821 (1972)

Alonza CARTER, Plaintiff-Appellant, v. John L. BARRY, Commissioner, and The Suffolk County Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 10, 1972.


Attorney(s) appearing for the Case

Jeffry A. Mintz, New York City (Jack Greenberg and William L. Robinson, New York City, and Stephen Lupow and Fred Grafstein, Commack, N. Y., of counsel), for plaintiff-appellant.

George W. Percy, Jr., Suffolk County Atty., Riverhead, N. Y. (Melvyn Tanenbaum, Huntington, N. Y., of counsel), for defendants-appellees.

Before MOORE, SMITH and TIMBERS, Circuit Judges.


PER CURIAM:

This procedural muddle can only be resolved by vacating the order dismissing the complaint herein and directing the District Court to hold a hearing to determine the facts relevant to the issues now framed by the pleadings.

On October 29, 1971, a complaint was filed and a summons issued. Therein plaintiff alleged in some factual detail that he was the victim of racial discrimination in his efforts to enroll as a police cadet and receive training...

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