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MENDOZA v. CITY OF MIAMI

No. 73-1672 Summary Calendar.

483 F.2d 430 (1973)

Maria F. G. MENDOZA, individually and on behalf of all other persons similarly situated, Plaintiff-Appellee-Cross Appellant, v. CITY OF MIAMI and David Kennedy, as chief legislative officer of the City of Miami, et al., etc., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 6, 1973.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., S. R. Sterbenz, Asst. City Atty., Miami, Fla., for defendant-appellants-cross-appellees.

Luis P. Salas, Miami, Fla., Russell E. Carlisle, Kenneth F. Tworoger, Fort Lauderdale, for plaintiff-appellee-cross-appellant.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

These are cross-appeals from a summary judgment entered against the Mayor, the City Manager, and the Chairman of the Civil Service Board of the City of Miami, Florida, in a suit brought by the appellee, an alien, concerning discrimination against aliens in the City's employment practices. We affirm.

1. The Court correctly held the civil service rule excluding aliens from employment to be unconstitutional. Sugarman v. Douglass, 413...

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