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BUSHEY v. N.Y. ST. CIV. SERV. COM'N

No. 779, Docket 83-7893.

733 F.2d 220 (1984)

James BUSHEY, Roger D. Bell, Robert W. Ferber, William J. Norton, Robert J. Seitz, George Bartlett, Charles Page, Wayne Wilhelm, Wayne L. Strack, Robert Fucci, Gary H. Filion, Edward D. Rogan, Miles Barnes, Donald E. Clark and Gerald Sweeney, each individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. NEW YORK STATE CIVIL SERVICE COMMISSION; Joseph Valenti, in his capacity as President of the New York State Civil Service Commission and Civil Service Commissioner; Josephine Gambino and James McFarland, in their capacity as Civil Service Commissioners; the New York State Department of Correctional Services; and Thomas A. Coughlin, III, in his capacity as Commissioner of the New York State Department of Correctional Services, Defendants-Appellants, and Gerald A. Wells, Wilbur I. Wright, Joseph P. Bates, Thomas D. Haskell, and Percy Jones, Intervenors-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 16, 1984.

Attorney(s) appearing for the Case

Richard R. Rowley, Albany, N.Y. (Ronald G. Dunn and Mark T. Walsh, Jr., Rowley, Forrest & O'Donnell, P.C., Albany, N.Y., of counsel), for plaintiffs-appellees.

Ann Horowitz, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Barbara B. Butler, and Brenda S. Spears, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Paul A. Crotty, New York City (John D. Shyer and Richard W. Mark, Donovan, Leisure, Newton & Irvine, New York City, of counsel), for intervenors-appellants.

Before TIMBERS, MESKILL and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Defendants-Appellants ("Defendants" or "the State") and Intervenors-Appellants ("Intervenors") appeal from an order and judgment of the United States District Court for the Northern District of New York, Roger J. Miner, Judge, filed October 4, 1983, 571 F.Supp. 1562, denying Defendants' and Intervenors' motions for summary judgment and granting Plaintiffs-Appellees...

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