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ORDER OF POLICE v. MAYOR, CITY COUN. OCEAN CITY, MD

No. 89-1815.

916 F.2d 919 (1990)

FRATERNAL ORDER OF POLICE; Ocean City Lodge No. 10; a Maryland not-for-profit corporation; Jeffrey A. Stutzel, Plaintiffs-Appellants, v. MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND, Defendant-Appellee, Grand Lodge of the Fraternal Order of Police, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1990.

Attorney(s) appearing for the Case

Andrew David Freeman, Brown & Goldstein, Baltimore, Md., argued (C. Christopher Brown, Brown & Goldstein, Baltimore, Md., on brief), for plaintiffs-appellants.

James Petty Garland, Semmes, Bowen & Semmes, Baltimore, Md., argued (Kathleen Pontone, Sharon Reynolds Stanton, Semmes, Bowen & Semmes, Baltimore, Md., on brief for defendant-appellee.

Anthony C. Busillo, II, Harrisburg, Pa., for amicus curiae.

Before ERVIN, Chief Judge, SPROUSE, Circuit Judge, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

SPROUSE, Circuit Judge:

The Fraternal Order of Police (FOP) of Ocean City, Maryland, appeals from summary judgment granted by the district court to the mayor and city council members of Ocean City, Maryland. In the underlying action, the FOP brought a 42 U.S.C. § 1983 action against Ocean City and individual officials alleging that enforcement of a city charter provision, which proscribed city officials from engaging...

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