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GASPARINETTI v. KERR

Nos. 76-1605 and 76-1606.

568 F.2d 311 (1977)

Ronald GASPARINETTI and Policemen's Benevolent Association, Local No. 3, Appellants in No. 76-1605, v. Edward KERR, Police Director, City of Newark (on leave) and Anthony Barres, Acting Police Director, City of Newark, Appellants in No. 76-1606.

United States Court of Appeals, Third Circuit.

Decided November 3, 1977.

As Amended November 21, 1977.

Attorney(s) appearing for the Case

Zazzali & Zazzali, P. A., Newark, N. J., for appellants in No. 76-1605 and cross-appellees in No. 76-1606; Lawrence A. Whipple, Jr., of counsel and on the brief.

Milton A. Buck, Corp. Counsel, Newark, N. J., for appellees in No. 76-1605 and cross-appellants in No. 76-1606; Matthew J. Scola, Asst. Corp. Counsel, on the brief.

Before ALDISERT, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

I.

On this appeal1 (and cross-appeal2), we are presented with a challenge to five different regulations of the Newark, New Jersey, Police Department. The district court determined that two of the regulations3 were unconstitutional, and enjoined their enforcement. The remaining three regulations4

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