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BRADY v. PATERSON

No. 81-CV-431.

515 F.Supp. 695 (1981)

Richard J. BRADY, Plaintiff, v. Basil A. PATERSON, as Secretary of State, Robert Abrams, as Attorney General, and David Axelrod, as Commissioner of Health, individually and collectively as constituting the State Cemetery Board of the Division of Cemeteries of New York State, Department of State, Defendants.

United States District Court, N. D. New York.

June 8, 1981.

Attorney(s) appearing for the Case

DeGraff, Foy, Conway, Holt-Harris & Mealey, Carroll Mealey, Barbara Brenner, Albany, N. Y., for plaintiff.

Robert Abrams, Atty. Gen. of the State of New York, Lawrence L. Doolittle, Asst. Atty. Gen., Albany, N. Y., for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

In Elrod v. Burns1 and again in Branti v. Finkel,2 the Supreme Court of the United States held that certain public employees, who served at the pleasure of their superiors, were deprived of their constitutional rights under the First and Fourteenth Amendments when they were discharged or threatened with discharge solely because of...

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