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ANDRADE v. CITY OF PHOENIX

Nos. 80-5426, 81-5150.

692 F.2d 557 (1982)

Antonio A. ANDRADE, Plaintiff-Appellant, v. CITY OF PHOENIX and Lawrence Wetzel, Defendants-Appellees. Clifford D. FUGATE and Robert Dennis Barnhart, Plaintiffs-Appellants, v. PHOENIX CIVIL SERVICE BOARD, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1982.

Attorney(s) appearing for the Case

Robert R. Clarke, Napier & Jones, Phoenix, Ariz., for plaintiffs-appellants.

William R. Jones, Jr., Jones, Teilborg, Sanders, Haga & Parks, Phoenix, Ariz., argued, for defendants-appellees; Don C. Stevens, II, Jones, Teilborg, Sanders, Haga & Parks, Phoenix, Ariz., on brief.

Before BAZELON, WALLACE, and NELSON, Circuit Judges.

PER CURIAM:

Police officers Andrade, Fugate and Barnhart were suspended by the Phoenix police department (the department) for engaging in sexual relations with women who were not their wives. Disciplinary action against Andrade was based upon charges of commission of a crime and immorality, both of which designated adultery as the underlying offensive conduct. Fugate and Barnhart were charged, in addition, with neglect of duty and conduct unbecoming an officer or...

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