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AMALGAMATED TRANSIT UNION, DIV. 819 v. BYRNE

No. 76-2050.

568 F.2d 1025 (1977)

AMALGAMATED TRANSIT UNION, DIVISION 819, Division 820, Amalgamated Transit Union, Division 821, Amalgamated Transit Union, Division 822, Amalgamated Transit Union, Division 823, Amalgamated Transit Union, Division 824, Amalgamated Transit Union, Division 825, Amalgamated Transit Union, Division 880, Amalgamated Transit Union, Division 1248, Amalgamated Transit Union, Division 1276, Amalgamated Transit Union, Division 1317, Amalgamated Transit Union, Division 1358, Amalgamated Transit Union, Division 1478, Amalgamated Transit Union, Division 1530, Amalgamated Transit Union, Division 1541, Appellants, v. BYRNE, Brendan T., Individually and in his capacity as Governor of the State of New Jersey, Alan Sagner, Individually and in his capacity as Commissioner of Transportation of the State of New Jersey and as Chairman of the Commuter Operating Agency, and their agents, assigns, and successors.

United States Court of Appeals, Third Circuit.

Reargued May 12, 1977.

Submitted on Supplemental Briefs July 15, 1977.

Decided September 22, 1977.

Attorney(s) appearing for the Case

Bernard Cushman, Julia Penny Clark, Bredhoff, Cushman, Gottesman & Cohen, Earle W. Putnam, Washington, D. C., for appellants.

William F. Hyland, Atty. Gen. of N. J., Trenton, N. J., for appellees; Erminie Conley, Deputy Atty. Gen., Trenton, N. J., of counsel; Larry Filler, Kenneth S. Levy, Deputy Attys. Gen., Trenton, N. J., on the brief.

Before SEITZ, Chief Judge, and VANDUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Reargued In Banc, May 12, 1977.

Argued Jan. 4, 1977

Before ALDISERT and WEIS, Circuit Judges, and HUYETT, District Judge.

Reargued in banc May 12, 1977

Before SEITZ, Chief Judge, and VANDUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

This case poses the question of whether officials of the State...

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