BADEN v. KOCH

No. 317, Docket 80-7510.

638 F.2d 486 (1980)

Michael M. BADEN, M.D., Plaintiff-Appellee, v. Edward I. KOCH, individually, and as Mayor of the City of New York; S. Michael Nadel, as Director of the Department of Personnel of the City of New York; Elliot M. Gross, M.D.; and The City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 17, 1980.

Rehearing and Rehearing Denied February 9, 1981.


Attorney(s) appearing for the Case

Doron Gopstein, Office of the Corp. Counsel for the City of New York, New York City (Allen G. Schwartz, Corp. Counsel for the City of New York, Richard N. Bowers, Ellen August, David Drueding, Asst. Corp. Counsels for the City of New York, New York City, of counsel), for appellants Koch, Nadel and City of New York.

Howard M. Squadron, New York City (Ira Lee Sorkin, Eugenie C. Gavenchak, Squadron, Ellenoff, Plesent & Lehrer, New York City, of counsel), for appellant Gross.

Murray A. Gordon, New York City (Ronald H. Shechtman, Kenneth E. Gordon, Richard Imbrogno, Gordon & Shechtman, P. C., New York City, of counsel), for appellee.

Before LUMBARD, MANSFIELD and MESKILL, Circuit Judges.


Rehearing and Rehearing In Banc Denied February 9, 1981.

MESKILL, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Haight, J., which declared that the removal by Mayor Edward Koch of the plaintiff, Dr. Michael M. Baden, from his position as Chief Medical Examiner (CME) of the City of New York without a hearing was void and ordered his reinstatement...

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