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DE TORE v. LOCAL #245, ETC.

No. 79-1873.

615 F.2d 980 (1980)

Vincent DE TORE a/k/a Vicky De Tore, Appellant, v. LOCAL # 245 OF the JERSEY CITY PUBLIC EMPLOYEES UNION, Thomas DeCarlo, Joseph Onorato, William G. Spedding, Joseph Spangenberg, Nicholas Palladino, Michael Sylvestri, Maureen McDevitt, James D. Healey, James Iorio, S. F. Ray Marshall, Secretary of United States Department of Labor, the Department of Public Works of the City of Jersey City, Division of Automotive Services of the Department of Public Works of the City of Jersey City, Paul T. Jordan, M.D., Patrick J. McGovern, M.D., Thomas F. X. Smith, and the City of Jersey City, Jointly, Severally, and in the Alternative.

United States Court of Appeals, Third Circuit.

Decided February 28, 1980.

Attorney(s) appearing for the Case

Victor Ruskin, Daniel Hoberman, Arnold Gerst, Robert E. Margulies, Ruskin & Hoberman, Jersey City, N. J., for appellant.

Robert J. Del Tufo, U. S. Atty., Anne C. Singer, Asst. U. S. Atty., Newark, N. J., Ellen Beard, U. S. Dept. of Labor, Washington, D. C., for appellee Ray Marshall, Secretary of Labor.

Louis P. Caroselli, Corp. Counsel, Jersey City, N. J., Thomas Fodice, First Asst. Corp. Counsel, West Orange, N. J., Joanne Monahan, Jersey City, N. J., for appellee City of Jersey City, et al.

Before SEITZ, Chief Judge, and ADAMS and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 8, 1980.

OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal by the plaintiff from two orders of the district court dismissing her complaint. Plaintiff was employed as a clerk-typist by the Department of Public Works of the City of Jersey City, Division of Automotive Services (the Department) almost continuously from 1972 until mid-1975. After being dismissed in February, 1975, she was rehired...

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