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SWARTZWELDER v. McNEILLY

No. 01-1085.

297 F.3d 228 (2002)

Robert SWARTZWELDER v. Robert W. McNEILLY, Jr.; Charles Moffat; Regina McDonald; City of Pittsburgh, Appellants.

United States Court of Appeals, Third Circuit.

Filed: July 19, 2002.

Attorney(s) appearing for the Case

Susan E. Malie (argued), Jacqueline R. Morrow, City of Pittsburgh, Department of Law, Pittsburgh, PA, for Appellants.

Adrian N. Roe (argued), Charles B. Watkins, Kenneth J. Witzel, Watkins, Dulac & Roe, P.C., Pittsburgh, PA, Cristopher C. Hoel, Schnader, Harrison, Segal & Lewis, Pittsburgh, PA, for Appellees.

BEFORE: ALITO, BARRY, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

The City of Pittsburgh and three officials of the Pittsburgh Police Bureau (hereinafter "the City") appeal a District Court order granting a motion for a preliminary injunction against the enforcement of Pittsburgh Police Bureau Order No. 53-7 ("Order 53-7") and a subsequent explanatory memo. Order 53-7 requires members or employees of the Bureau to obtain clearance before testifying in court under certain circumstances...

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