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SERGE v. CITY OF SCRANTON

Civ. A. No. 85-0316.

610 F.Supp. 1086 (1985)

Sergeant Michael L. SERGE, Patrolman Jeffrey P. Ozovek, Patrolman Alfred Burian, And All Similarly Situated Individual Members of the Class, the Police Department of the City of Scranton, Plaintiffs, v. The CITY OF SCRANTON, James Barrett McNulty, Mayor, Carlon M. O'Malley, Jr., Director of Public Safety, and Robert N. Williams, Superintendent of Police, Defendants.

United States District Court, M.D. Pennsylvania.

June 20, 1985.

Attorney(s) appearing for the Case

Frank J. Muraca, Scranton, Pa., for plaintiffs.

William Hall, Edmund J. Scacchitti, Scranton, Pa., for defendants.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Defendants, the City of Scranton, James McNulty, its Mayor, Carlon O'Malley, Jr., Scranton's Director of Public Safety, and Robert N. Williams, Superintendent of Police, have filed a motion to dismiss plaintiff's complaint. Plaintiffs, members of Scranton's police force "injured on duty," allege in this section 1983 action that rule 301.7...

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