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McCUNE v. FRANK

No. 871, Docket 75-7027.

521 F.2d 1152 (1975)

Robert W. McCUNE, Plaintiff-Appellee, v. Louis J. FRANK, Commissioner of Police of the County of Nassau, and the Police Department of the County of Nassau, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 16, 1975.

Attorney(s) appearing for the Case

William S. Norden, Deputy County Atty. (John F. O'Shaughnessy, County Atty. of Nassau County, Mineola, N. Y., Natale C. Tedone, Senior Deputy County Atty., of counsel), for defendants-appellants.

Allen R. Morganstern, Mineola, N. Y. (Richard Hartman, Mineola, N. Y., of counsel), for plaintiff-appellee.

Before SMITH and OAKES, Circuit Judges, and JAMESON, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Robert McCune is a Nassau County Police Officer whose sideburns extend to the lower edge of his earlobe and then flare out to a width of at least an inch and a quarter. On July 5, 1974, he was served with departmental charges specifying that on or about 1200 hours on May 14, 1974, he violated Article VIII, Rule 22 of the Rules and Regulations of the Nassau County Police Department which, as amended by Teletype Order 114 of April 23...

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