WOLKENSTEIN v. REVILLE

No. 51, Docket 82-7173.

694 F.2d 35 (1982)

Gloria WOLKENSTEIN, Kathryn Silkes, Philip Rumore and Vincent Nola, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Eugene T. REVILLE, individually and as Superintendent of Schools; Claude D. Clapp, individually and as Chief Fiscal Officer of the City of Buffalo Public School System; Florence E. Baugh; David Kelly; Joseph E. Murphy; Louis C. Benton; Joseph D. Hillery; Mozella Richardson; Dennis Bulera; Oscar Smuckler; John C. Fiorella; as members of the Board of Education of the City School District of the City of Buffalo, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 18, 1982.


Attorney(s) appearing for the Case

Bruce Fenwick, Buffalo, N.Y. (Robert D. Clearfield, Gen. Counsel, New York Educators Ass'n, Buffalo, N.Y.), for plaintiffs-appellants.

William E. Carey, Asst. Corp. Counsel, Buffalo, N.Y. (Joseph P. McNamara, Corp. Counsel of the City of Buffalo, Buffalo, N.Y.), for defendants-appellees.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y. (Jeremiah Jochnowitz, Asst. Sol. Gen., and John Q. Driscoll, Asst. Atty. Gen., Albany, N.Y., of counsel), for the Atty. Gen. of the State of N.Y., amicus curiae.

Before FEINBERG, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.


FRIENDLY, Circuit Judge:

This is the latest in a long series of challenges in the state and federal courts over the last decade to the constitutionality of § 210 of New York's Civil Service Law (the Taylor Law), which prohibits strikes by public employees. See Cheeseman v. Carey, 623 F.2d 1387, 1389-90 & note 3 (2 Cir.1980). The action, brought under 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S...

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