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TRANELLO v. FREY

Nos. 883, Dockets 91-7944, 91-7946.

962 F.2d 244 (1992)

Lawrence F. TRANELLO, Plaintiff-Appellee — Cross-Appellant, v. Thomas R. FREY, individually, and as Monroe County Executive, Patrick M. Malgieri, individually, and as the Monroe County Attorney, County of Monroe, Defendants-Appellants — Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 1, 1992.

Attorney(s) appearing for the Case

Nira T. Kirmisch, Rochester, N.Y., for plaintiff-appellee-cross-appellant.

J. Mark Krause, Rochester, N.Y. (Gerald L. Paley, Phillips, Lytle, Hitchcock, Blaine & Huber, of counsel), for defendants-appellants-cross-appellees.

Samuel A. Marcosson, Washington, D.C. (Donald R. Livingston, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Vincent J. Blackwood, Asst. Gen. Counsel, E.E.O.C., of counsel), filed a brief for amicus curiae.

Before FEINBERG and MINER, Circuit Judges, and PATTERSON, District Judge.

MINER, Circuit Judge:

This appeal pertains to an order granting partial summary judgment entered in the United States District Court for the Western District of New York (Larimer, J.). The order granted defendants' motion for summary judgment on plaintiff Deputy County Attorney's claims that defendants County and County officials violated the First, Fourth, Fifth and Fourteenth Amendments of the Constitution, 42 U.S.C. §§ 1981, 1983 and 1985, and...

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