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COM. OF PA. v. PORTER

Nos. 79-2653, 79-2684 and 79-2685.

659 F.2d 306 (1981)

COMMONWEALTH OF PENNSYLVANIA and Richard W. Baumann, Joseph Blume, James Mages and Bernard W. Peitz, Jr., Individually and on behalf of all others similarly situated v. James D. PORTER, Chief of Police; Borough of Millvale; Frank L. Baranyai, Borough of Millvale Police Officer; Regis J. McCarthy, Mayor of the Borough of Millvale; Carl Seidl, President of the Millvale Borough Council; Maurice P. Bedel, Sr., James Beran, John L. Cavanaugh, Jerry Dawson, James H. Lawson and Stephen Mikus, Members of the Millvale Borough Council. Appeal of Frank L. BARANYAI, in No. 79-2653. Appeal of Regis J. McCARTHY, et al., in No. 79-2684. Appeal of James D. PORTER, in No. 79-2685.

United States Court of Appeals, Third Circuit.

Reargued May 12, 1981.

Decided July 30, 1981.

As Amended August 5, 1981.

Attorney(s) appearing for the Case

Daniel J. Weis, Weis & Weis, Bruce E. Dice (argued), Zimmer & Dice, Pittsburgh, Pa., for appellants James D. Porter and Frank L. Baranyai.

Alfred C. Maiello, Pittsburgh, Pa. (argued), for appellants Mayor and Members of the Council of the Borough of Millvale.

Paul D. Boas (argued), Berlin, Boas, Isaacson & Logan, Pittsburgh, Pa., for appellees Baumann, Blume, Mages and Peitz, Jr.

Frank P. Tuplin, Sp. Deputy Atty. Gen., Pittsburgh, Pa. (argued), for appellee Commonwealth of Pa.

Elizabeth M. Schneider (argued), Frank Askin, Constitutional Litigation Clinic, Newark, N. J., Charles S. Sims, Bruce J. Ennis, Jr., American Civil Liberties Union Foundation, New York City, for amici curiae The American Civil Liberties Union and the Greater Pittsburgh Chapter of the American Civil Liberties Union.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Argued Oct. 6, 1980.

Before ALDISERT, GARTH and VAN DUSEN, Circuit Judges.

Reargued In Banc May 12, 1981.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM, announcing the judgment of the court:

To the extent the injunction of the district court is directed to the members of the Borough Council it will be reversed. In all other...

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