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BURKS v. PERK

No. 72-1368.

470 F.2d 163 (1972)

Walter A. BURKS, Jr., et al., Plaintiffs-Appellees, v. Ralph PERK, Mayor of the City of Cleveland, Ohio, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 17, 1972.

Attorney(s) appearing for the Case

Malcom C. Douglas, Wayne C. Dabb, Jr., Department of Law, Cleveland, Ohio, for defendant-appellant; Richard R. Hollington, Jr., Paul J. Brady, Cleveland, Ohio, on brief.

Robert R. Disbro, Cleveland, Ohio, for plaintiffs-appellees; Richard M. Markus, Carl J. Character, Charles W. Fleming, Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and BRATCHER, District Judge.

PER CURIAM.

Ralph Perk, Mayor of the City of Cleveland, Ohio, has appealed from an order of the District Court restraining and enjoining him from conducting a hearing on written charges of neglect of duty and malfeasance in office, which charges were made against five members of the Civil Service Commission of the City.

The written charges specified the acts of neglect of duty and malfeasance in office, gave to each Commissioner more than ten days' notice...

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