Nos. 330, 331 and 332, Dockets 78-7314, 78-7321 and 78-7334.

587 F.2d 575 (1978)

Lawrence CROFT, and John O'Neal, on behalf of themselves and on behalf of all others similarly situated, Plaintiffs-Appellees, and Walter Smith, Intervenor-Plaintiff-Appellee, v. NEW YORK CITY TRANSIT AUTHORITY POLICE DEPARTMENT et al., Defendants-Appellants, and Robert Dowd et al., Intervenors-Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 29, 1978.

Attorney(s) appearing for the Case

William D. Wells, New York City, for plaintiffs-appellees Croft, et al.

Lawrence S. Cumberbatch, New York City, for intervenor-plaintiff-appellee Smith.

Murray A. Gordon, New York City (Gordon & Schechtman, New York City, Walter M. Meginniss, Jr., New York City, of counsel), for intervenors-defendants-appellants Dowd, et al.

Before FEINBERG and MULLIGAN, Circuit Judges, and NEWMAN, District Judge.


This appeal is from an order of the United States District Court for the Eastern District of New York, John F. Dooling, J., which granted a preliminary injunction sought by a transit authority police sergeant, intervenor-plaintiff-appellee, enjoining promotions to the position of Lieutenant from Sergeant in the New York City Transit Authority Police Department from Eligibility List No. 1610 (EL 1610). The basis for the injunction was a consent decree entered...

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