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LEIGH v. McGUIRE

No. 290, Docket 79-7479.

613 F.2d 380 (1979)

Charles W. LEIGH and Leonard Allen, Appellants, v. Robert McGUIRE, Individually and as Police Commissioner of the City of New York and Chairman of the Board of Trustees of the Police Pension Fund, Article II, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 19, 1979.

Attorney(s) appearing for the Case

Victor J. Herwitz, New York City (Donald E. Nawi, New York City, on the brief), for appellants.

L. Kevin Sheridan, New York City (Allen G. Schwartz, Corp. Counsel, City of New York, and Alexander J. Wulwick, New York City, on the brief), for appellee.

Before MOORE, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants, two former police officers who were discharged from the New York City Police Department in 1970, commenced the instant action in the Southern District of New York on May 12, 1978 pursuant to 42 U.S.C. § 1983 (1976), seeking to vacate and annul their dismissal from the force. The basis of their action was that the use of illegally obtained wiretap evidence against them in Police Department proceedings violated their rights under...

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