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AHERN v. MURPHY

No. 71-1286.

457 F.2d 363 (1972)

James F. AHERN, Plaintiff-Appellant, v. Morgan F. MURPHY et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

March 22, 1972.

Attorney(s) appearing for the Case

James G. Demopoulos, Chicago, Ill., for plaintiff-appellant.

Richard L. Curry, Corp. Counsel, William R. Quinlan, Richard F. Friedman, Chicago, Ill., for defendants-appellees.

Andrew J. Leahy, Lawrence A. Poltrock, Chicago, Ill., for amicus curiae.

Before PELL and SPRECHER, Circuit Judges, and DILLIN, District Judge.

SPRECHER, Circuit Judge.

Plaintiff has attacked the constitutional sufficiency of a Chicago ordinance and a rule of the city police department requiring policemen to reside within the corporate boundaries of the City of Chicago.

Plaintiff alleged violations of 42 U.S.C. §§ 1983 and 1985 and of the equal protection clause of the Fourteenth Amendment by Section 25-30 of the Chicago Municipal Code, which provides:

"All officers and employees...

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