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HALL v. PENNSYLVANIA STATE POLICE

No. 77-1288.

570 F.2d 86 (1978)

HALL, Arthur Lee, on behalf of himself and all others similarly situated, Appellant, v. PENNSYLVANIA STATE POLICE and Colonel James D. Barger, Commissioner and Individually and Commonwealth of Pennsylvania and Milton Shapp, Governor of Pennsylvania and Individually and Robert P. Kane, Attorney General of Pennsylvania and Individually and the Bank of King of Prussia, King of Prussia, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided January 20, 1978.

Attorney(s) appearing for the Case

Edward L. McCandless, Jr., Howard M. Girsh, Steinberg and Girsh, Philadelphia, Pa., for appellant.

Lowen K. Hankin, Hankin, Hankin & Hankin, Willow Grove, Pa., for appellee Bank of King of Prussia.

Axel A. Shield, II, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Robert P. Kane, Atty. Gen., Philadelphia, Pa., for Commonwealth appellees.

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

OPINION OF THE COURT

WEIS, Circuit Judge.

A bank customer's complaint which alleges that he was photographed pursuant to a police-promoted plan which expressly discriminated on a racial basis sets out a claim under the Civil Rights Acts. Accordingly, a dismissal of plaintiff's complaint under Fed.R.Civ.P. 12(b)(6) must be vacated.

The plaintiff filed a complaint against the Pennsylvania State Police, its commissioner and other state officials, as...

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