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COOGAN v. SMYERS

No. 387, Docket 96-7158.

134 F.3d 479 (1998)

James A. COOGAN, Plaintiff-Appellant, v. Thomas W. SMYERS; Fred Priano, Jr.; Ronald J. Pilozzi; Thomas J. Christy; Carlton L. Zeisz; Lynette L. Ryan; Kenneth Horn, in their capacity as voting members of the City of Tonawanda Common Council and individually; and City of Tonawanda, New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 15, 1998.

Attorney(s) appearing for the Case

Timothy A. McCarthy, Buffalo, NY (Burd & McCarthy, Buffalo, NY), for Plaintiff-Appellant.

Thomas R. Elmer, North Tonawanda, NY (Brick, Brick & Elmer, P.C., North Tonawanda, NY), for Defendants-Appellees.

Before: WINTER, Chief Judge, ALTIMARI and WALKER, Circuit Judges.

WALKER, Circuit Judge:

Plaintiff James A. Coogan brought this action, pursuant to 42 U.S.C. § 1983, against the defendants, members of the City of Tonawanda Common Council ("Council"), after the Council failed to reappoint him as City Clerk of Tonawanda, New York, in January 1994. The essence of Coogan's claim was that the Council, which consisted of a newly elected Republican majority, decided not to continue his employment because of his political activities...

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