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KABELKA v. CITY OF NEW YORK

No. 67 Civ. 2785.

353 F.Supp. 7 (1973)

Franklin H. KABELKA, Plaintiff, v. The CITY OF NEW YORK et al., Defendants.

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

January 8, 1973.

Attorney(s) appearing for the Case

Minnie Warshaw and Donald S. Sherwood, New York City, for plaintiff; Donald S. Sherwood, New York City, and Allen Dick, Granite Springs, N. Y., of counsel.

Norman Redlich, Corp. Counsel, New York City, for defendants; Victor P. Muskin, New York City, of counsel.

OPINION

WARD, District Judge.

PRELIMINARY STATEMENT

This action alleging violations of plaintiff's constitutional rights under the Fourteenth Amendment and his rights under the Civil Rights Act, 42 U. S.C. Sections 1981 and 1983, was tried to the Court without a jury. Plaintiff, who was appointed a New York City fireman in 1961, was retired from the Fire Department in 1967 for a non-service incurred disability. He contends that had he had counsel...

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