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BERNS v. CIVIL SERVICE COM'N, CITY OF NEW YORK

No. 854, Docket 75-6121.

537 F.2d 714 (1976)

Annick M. BERNS, Plaintiff-Appellee, v. CIVIL SERVICE COMMISSION, CITY OF NEW YORK, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 29, 1976.

As Amended on Denial of Rehearing September 10, 1976.

Attorney(s) appearing for the Case

Samuel Resnicoff, New York City, for plaintiff-appellee.

L. Kevin Sheridan, New York City (W. Bernard Richland, Corp. Counsel of the City of New York, and Reuben David, New York City, on the brief), for defendants-appellants.

Before LUMBARD, WATERMAN and MESKILL, Circuit Judges.

LUMBARD, Circuit Judge:

The Civil Service Commission of the City of New York (CSC) has brought this appeal from a judgment of the Southern District, entered on October 21, 1975, that declared illegal the termination of Annick M. Berns as a police administrative aide and permanently enjoined the CSC from terminating Berns for failure to meet educational requirements. We find that although the procedure through which Berns was terminated violated her due process rights...

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