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DWEN v. BARRY

No. 1177, Docket 74-1900.

543 F.2d 465 (1976)

Thomas DWEN, as President of the Suffolk County Patrolmen's Benevolent Assoc. and Thomas Dwen, Individually, Plaintiff-Appellee, v. John L. BARRY, Commissioner of the Suffolk County Police Department, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 25, 1976.

Attorney(s) appearing for the Case

Patrick A. Sweeney, Asst. County Atty., Northport, N. Y. (George W. Percy, County Atty., on the brief), for defendant-appellant.

Leonard D. Wexler, Smithtown, N. Y. (Richard T. Haefeli, Smithtown, N. Y., on the brief), for plaintiff-appellee.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

PER CURIAM:

The Supreme Court, in its opinion of April 5, 1976, 425 U.S. 238, reversed our judgment of January 9, 1975, 508 F.2d 836, and remanded the case to us for further proceedings in conformity with the opinion of the Supreme Court.

This case initially came before us on an appeal from the Eastern District of New York which had dismissed plaintiff's complaint seeking declaratory and injunctive relief against a regulation...

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