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SOTO-LOPEZ v. NEW YORK CITY CIVIL SERVICE COM'N

No. 59, Docket 87-7051.

840 F.2d 162 (1988)

Eduardo SOTO-LOPEZ and Eliezer Baez-Hernandez, Plaintiffs-Appellants, v. NEW YORK CITY CIVIL SERVICE COMMISSION; New York City Department of Personnel; Mark Lebow, individually and as Chairman of the New York City Civil Service Commission; and Juan Ortiz, individually and as Director of the New York City Department of Personnel, Defendants-Appellees, The Attorney General of the State of New York, Defendant-Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Final Submissions September 25, 1987.

Decided February 16, 1988.

Attorney(s) appearing for the Case

Kenneth Kimerling, New York City (Linda Flores, Juan Cartagena, Puerto Rican Legal Defense and Educ. Fund, Inc., New York City, on the brief), for plaintiffs-appellants.

Elizabeth S. Natrella, New York City (Peter L. Zimroth, Corp. Counsel for the City of New York, Pamela Seider Dolgow, New York City, on the brief), for defendants-appellees.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

This case returns to us from the district court following (1) a judgment of this Court ruling that portions of Article V, § 6, of the New York State Constitution and § 85 of the New York Civil Service Law were unconstitutional, (2) the affirmance of that judgment by the United States Supreme Court, see Soto-Lopez v. New York City Civil Service Commission, 755 F.2d 266 (2d Cir.1985) ("Soto...

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