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BADEN v. KOCH

Nos. 116, 209, Docket 84-7844, 84-7846.

799 F.2d 825 (1986)

Michael M. BADEN, Plaintiff-Appellee-Cross-Appellant, v. Edward I. KOCH, Individually, and as Mayor of the City of New York; S. Michael Nadel, as Director of the Department of Personnel of the City of New York; Elliott M. Gross, M.D.; and the City of New York, Defendants-Cross-Appellees, Edward I. Koch, Individually, and as Mayor of the City of New York; and the City of New York, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 21, 1986.

Attorney(s) appearing for the Case

Doron Gopstein, Office of the Corporation Counsel, City of New York, New York City (Frederick A.O. Schwarz, Jr., Corporation Counsel for the City of New York, Patricia A. O'Malley, Margaret G. King, Fred Kolikoff, Office of the Corporation Counsel, City of New York, New York City, of counsel), for defendants-appellants-cross-appellees Edward I. Koch and the City of New York.

Robert K. Tanenbaum, Beverly Hills, Cal., Kenneth E. Gordon, New York City (Murray A. Gordon, Richard Imbrogno, Gerald I. Krafsur, Gordon & Gordon, New York City, of counsel), for plaintiff-appellee-cross-appellant Michael M. Baden.

Howard M. Squadron, New York City (Eugenie C. Gavenchak, Squadron, Ellenoff, Plesent & Lehrer, New York City, of counsel), for defendant-cross-appellee Elliott M. Gross, M.D.

Before MESKILL, CARDAMONE and WINTER, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a final judgment entered in the United States District Court for the Southern District of New York, Haight, J., on January 25, 1985, awarding plaintiff Michael M. Baden, M.D. $100,000 damages, plus interest and attorneys' fees against Mayor Edward I. Koch, in his official capacity, and the City of New York. The award represented compensatory damages for a violation of Baden's constitutional rights arising from Koch's...

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