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PHELAN v. CORNING

No. 79-CV-588.

568 F.Supp. 904 (1983)

Clarence A. PHELAN, Plaintiff, v. Erastus CORNING, II, Individually and as Mayor of the City of Albany, Harry F. Maikels, Individually and as Commissioner of Public Works of the City of Albany and The City of Albany, Defendants.

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

June 30, 1983.

Attorney(s) appearing for the Case

Rowley, Forrest & O'Donnell, Albany, N.Y., for plaintiff; Brian J. O'Donnell, Albany, N.Y., of counsel.

Vincent J. McArdle Jr., Corp. Counsel, Albany, N.Y., for defendants; Paul M. Collins, Albany, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

Plaintiff brought this civil rights action pursuant to the provisions of 42 U.S.C. §§ 1983 and 1985, claiming that he was discharged from the position of Deputy Commissioner of the Department of Public Works of the City of Albany in violation of rights guaranteed to him by the first, ninth and fourteenth amendments to the United States Constitution. At trial, plaintiff asserted only...

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