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LOUGHNEY v. HICKEY

No. 80-1158.

635 F.2d 1063 (1980)

LOUGHNEY, Joseph and Osborne, Jr., Robert J., Appellants, v. HICKEY, Eugene F., Individually and in his capacity as Mayor of the City of Scranton; City of Scranton, Pennsylvania c/o John Brazil, Esquire, Solicitor of the City of Scranton, Pennsylvania; and Cawley, Gaynor, Individually and in his capacity as Director of Public Works of the City of Scranton.

United States Court of Appeals, Third Circuit.

Decided November 7, 1980.

Attorney(s) appearing for the Case

James G. McDonough, II, Carbondale, Pa., Brian J. Cali, Dunmore, Pa., for appellants.

John J. Brazil, and Ralph J. Iori, Jr., Mazzoni, Popeck, Iori, Mazzoni & Rinaldi, Scranton, Pa., for appellees.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

Submitted under Third Circuit Rule 12(6) October 9, 1980.

OPINION OF THE COURT

PER CURIAM:

This appeal from a judgment of the district court entered December 12, 1979, following a decision in a non-jury trial that turned on the court's interpretation of Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), presents the question of whether the proceedings should be remanded for reconsideration in...

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