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RUSSELL v. HODGES

No. 136, Docket 71-2176.

470 F.2d 212 (1972)

Ignatius RUSSELL et al., Plaintiffs-Appellants, v. Virgil HODGES, as Director of the Mt. Morris Community Based Center, a Division of the Narcotic Addiction Control Commission, State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 6, 1972.

Attorney(s) appearing for the Case

Dennis R. Yeager (Robert P. Roberts, Marttie L. Thompson, Community Action for Legal Services, Inc., Edward F. Green, Theodore Wagner, New York City, Oscar G. Chase, Brooklyn, N. Y., Richard Huffman, and Douglas J. Kramer, New York City, of counsel), for plaintiffs-appellants.

Joel Lewittes, New York City (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Irving L. Rollins, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees Virgil Hodges, Charles D. King and William J. Murray.

Leonard Koerner, New York City (J. Lee Rankin, Corp. Counsel, and Stanley Buchsbaum, New York City, of counsel), for defendant-appellee Murphy.

Helen R. Cassidy, Brooklyn, N. Y. (John G. De Roos, Brooklyn, N. Y., of counsel), for defendant-appellee William J. Ronan, as Chairman and Chief Executive Officer of the New York City Transit Authority.

Before FRIENDLY, Chief Judge, and MANSFIELD and TIMBERS, Circuit Judges.

FRIENDLY, Chief Judge:

Plaintiffs in this civil rights action under 42 U.S.C. § 1983 are four former state or city employees who claim that their dismissals were unconstitutional because they were not first given "a hearing upon stated charges." Their complaint, filed in the District Court for the Southern District of New York, made the following allegations of fact:

(1) Plaintiff Russell, a veteran of the United States Army who enlisted on April 19,...

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