UNIFORMED FIREFIGHTERS ASS'N v. CITY OF NEW YORK

No. 80 Civ. 2036(MP).

512 F.Supp. 289 (1981)

UNIFORMED FIREFIGHTERS ASSOCIATION, LOCAL 94, IAFF, AFL-CIO; Nicholas Mancuso, as President of the Uniformed Firefighters Association, Local 94, IAFF, AFL-CIO; Stephen Rosendale; Brian Hughes; Nicholas Portaro; Richard Comiskey; Francis McCaffery; Robert Higdon; Thomas Sirigano; Thomas Thompson; Edward Wazeter and Robert Alt, Plaintiffs, v. The CITY OF NEW YORK, a municipal corporation; Edward Koch, as Mayor of the City of New York; The Civil Service Commission of the City of New York; Juan Ortiz, as Chairman of the Civil Service Commission of the City of New York; Harry Amer, Anne Buehler, Natalie Katz and Mark Lebow, as Commissioners of the Civil Service Commission of the City of New York; The Department of Personnel of the City of New York; Michael Nadel, as Director of the Department of Personnel of the City of New York; The Fire Department of the City of New York and Augustus Beekman, as Fire Commissioner of the City of New York, Defendants.

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

April 17, 1981.


Attorney(s) appearing for the Case

Cohen, Weiss & Simon, by James V. Morgan, New York City, for plaintiffs.

Allen G. Schwartz, Corp. Counsel of the City of New York, by Stephen P. Kramer and Maralyn Fairberg, Asst. Corp. Counsels, New York City, for defendants.


OPINION

MILTON POLLACK, District Judge.

Defendants move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for an order dismissing the complaint for failure to state a claim on which relief may be granted. The suit is by the Uniformed Firefighters Association ("UFA") on its own behalf and for and in the interests of all firemen employed by the City of New York by the President of UFA in behalf of the association and of the firemen employed...

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