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KELLY v. CITY OF PHILADELPHIA

C.A. No. 82-2751.

552 F.Supp. 574 (1982)

Albert J. KELLY v. CITY OF PHILADELPHIA and William J. Green, Mayor of Philadelphia and W. Wilson Goode, Managing Director and Anthony D'Amato, Personnel Director and Civil Service Commission and Leonard L. Ettinger, Chairman, Civil Service Commission and Harry A. Bailey, Jr., Secretary, Civil Service Commission and Morton B. Solomon, Police Commissioner, City of Philadelphia.

United States District Court, E.D. Pennsylvania.

October 19, 1982.

Attorney(s) appearing for the Case

Alfonso Tumini, Philadelphia, Pa., for plaintiff.

Russell Endo, Asst. City Sol., Philadelphia, Pa., for defendants.

MEMORANDUM OPINION

WEINER, District Judge.

The plaintiff, Albert Kelly, brings this action under 42 U.S.C. § 1983 alleging that he has been deprived of his property interest in his employment due to a wrongful dismissal by the defendants, acting under color of state law and acting within the scope of their authority as municipal officers and government units. Having already been reinstated, the plaintiff seeks back pay or other emoluments which he claims...

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