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SAVARESE v. AGRISS

Nos. 88-5671, 89-5006, 89-5057 and 89-5058.

883 F.2d 1194 (1989)

John SAVARESE and Edward Flaxman v. William AGRISS; Donald Bogen; Thomas Bonser; Martha Kitchen; Wayne Mazur; John Neff; Monroe County Transportation Authority; James E. Cadue; Thomas Joyce; Marc R. Wolfe. Appeal of William AGRISS, Donald Bogen, Thomas Bonser, Martha Kitchen, Wayne Mazur, John Neff, Monroe County Transportation Authority and Marc R. Wolfe, Appellants in Nos. 88-5671, 89-5057, 89-5006. John SAVARESE and Edward Flaxman, Appellants in No. 89-5058, v. William AGRISS; Donald Bogen; Thomas Bonser; Martha Kitchen; Wayne Mazur; John Neff; Monroe County Transportation Authority; James E. Cadue; Thomas Joyce; Marc R. Wolfe; County of Monroe.

United States Court of Appeals, Third Circuit.

Decided August 31, 1989.

As Amended September 20, 1989.

Rehearing and Rehearing Denied September 29, 1989.

Attorney(s) appearing for the Case

Joseph E. Gallagher (argued), Bour, Gallagher, Foley, Cognetti, Cowley & Douglass, Scranton, Pa., for all appellants-cross appellees.

Zygmunt R. Bialkowski, Jr. (argued), Bialkowski & Savitsky, Scranton, Pa., for appellant-cross appellee, Marc R. Wolfe.

James A. Swetz (argued), Cramer, Swetz & McManus, Stroudsburg, Pa., for appellants-cross appellees Agriss, Bogen, Bonser, Kitchen, Mazur, Neff, Monroe County Transp. Authority and Wolfe.

Cletus P. Lyman (argued), Lyman & Ash, Philadelphia, Pa., for appellees-cross appellants.

Before SLOVITER, COWEN and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 29, 1989.

OPINION OF THE COURT

COWEN, Circuit Judge.

This action, filed pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331 and 1343, was brought by John Savarese and Edward Flaxman against their former employer, the Monroe County Transportation Authority ("MCTA").1 The defendants include the MCTA, six out of seven members of the MCTA's Board of Directors...

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