UNITED STATES v. CITY OF PHILADELPHIA

Nos. 77-1707 through 77-1711, 77-2140 and 77-2141.

573 F.2d 802 (1978)

UNITED STATES of America, Appellant in No. 77-1711, v. CITY OF PHILADELPHIA, a Municipal Corp., Joseph F. O'Neill, Comm., Philadelphia Police Department, Foster B. Rose, Director of Personnel, City of Philadelphia, George Bucher, Leonard L. Ettinger, and Harrison J. Trapp, Comm., City of Philadelphia Civil Service Comm., Appellants in No. 77-2141, Fraternal Order of Police, Intervening Defendant. Appeal of CITY OF PHILADELPHIA, in Nos. 77-1707/77-1709. Appeal of FRATERNAL ORDER OF POLICE, in No. 77-1710 and No. 77-2140.

United States Court of Appeals, Third Circuit.

Decided February 27, 1978.


Attorney(s) appearing for the Case

Sheldon L. Albert, City Sol., City of Philadelphia, Philadelphia, Pa., for appellants in Nos. 77-1707 through 77-1710, 77-2140 and 77-2141 and appellee in No. 77-1711.

John M. Gadzichowski, Employment Section, Civ. Rights Div., Dept. of Justice, Washington, D. C., for appellee in Nos. 77-1707 through 77-1710, 77-2140 and 77-2141 and appellant in No. 77-1711.

Drew S. Days, III, Asst. Atty. Gen., Washington, D. C., David W. Marston, U. S. Atty., Philadelphia, Pa., David L. Rose, Walter W. Barnett, Richard S. Ugelow, Vincent F. O'Rourke, Jr., Dept. of Justice, Washington, D. C., for United States.

James M. Penny, Jr., Stephen Saltz, Deputy City Solicitors, Ralph J. Teti, Asst. City Sol., Philadelphia, Pa., for City of Philadelphia, Pa.

Burton A. Rose, Fraternal Order of Police, Philadelphia, Pa., for Fraternal Order of Police.

Before ROSENN and GARTH, Circuit Judges, and LACEY, District Judge.


OPINION OF THE COURT

LACEY, District Judge.

PRELIMINARY STATEMENT

Appeal Nos. 77-1707, 77-1708 and 77-1709 were taken by the defendants from orders of the United States District Court for the Eastern District of Pennsylvania granting the United States' motions for injunctive relief. Appeal No. 77-1710 was taken by the defendant-intervenor Fraternal Order of Police from an order of the district court granting a motion of the United States for injunctive...

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