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D'IORIO v. COUNTY OF DELAWARE

Nos. 78-1516, 78-1517.

592 F.2d 681 (1978)

Lou J. D'IORIO, Appellee, v. COUNTY OF DELAWARE and Faith Ryan Whittlesey, Charles C. Keeler and William A. Spingler, Members of the County Council of the County of Delaware, Appellants in 78-1517 and Frank T. Hazel, District Attorney for the County of Delaware, Appellant in 78-1516.

United States Court of Appeals, Third Circuit.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Robert A. Graci, Drexel Hill, Pa., counsel for appellant in No. 78-1516.

Francis P. Connors, Delaware County, Media, Pa., counsel for appellants in No. 78-1517.

Jack Brian, Richard, Brian, DiSanti & Hamilton, Media, Pa., for appellee Lou J. D'Iorio.

Francis P. Connors, County Sol., Harry J. Bradley, Asst. County Sol., William J. Reese, Asst. County Sol., County of Delaware, Media, Pa., for appellants Whittlesey, Keeler and Spingler.

Robert A. Graci, Asst. Dist. Atty., D. Michael Emuryan, Deputy Dist. Atty., Media, Pa., for appellant Hazel.

Before ROSENN, GARTH and BIGGS, Circuit Judges.

OPINION OF COURT

GARTH, Circuit Judge:

In this civil rights action brought under 42 U.S.C. § 1983, the District Attorney and the members of the County Council of the County of Delaware, Pennsylvania appeal from a decision of the district court which ordered that Lou J. D'Iorio, a former County Detective, be reinstated with back pay. On appeal, their primary contention is that the district court should have abstained, under the doctrine of Railroad...

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