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McDARBY v. DINKINS

No. 1147, Docket 89-9211.

907 F.2d 1334 (1990)

James McDARBY, Plaintiff-Appellant, v. David N. DINKINS, Mayor of the City of New York; Elizabeth Holtzman, Comptroller of the City of New York; Lee P. Brown, Police Commissioner of the City of New York and Chairman, Police Pension Fund, Article II; Board of Trustees, Police Pension Fund, Article II; Medical Board, Police Pension Fund, Article II; and Director of Personnel, City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 2, 1990.

Attorney(s) appearing for the Case

John Patrick Rudden, New York City, for plaintiff-appellant.

John Hogrogian, Asst. Corp. Counsel of the City of New York, New York City (Victor A. Kovner, Corp. Counsel of the City of New York, Pamela Seider Dolgow, Asst. Corp. Counsel of the City of New York, New York City, of counsel), for defendants-appellees.

Before LUMBARD, FRIEDMAN and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

James McDarby appeals from an order of the United States District Court for the Southern District of New York, Kevin T. Duffy, Judge, denying his motion for partial summary judgment and granting defendants' cross-motion for summary judgment. McDarby contends on appeal, as below, that the initial failure and continued refusal of the Board of Trustees of the Police Pension Fund, Police Department of...

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