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MULLINS v. CITY OF NEW YORK

Docket No. 08-1839-cv.

626 F.3d 47 (2010)

Edward D. MULLINS, et al., Plaintiff-Appellees, v. CITY OF NEW YORK and The New York City Police Department, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 16, 2010.

Attorney(s) appearing for the Case

Stephen P. Younger , ( Clay J. Pierce and A. Leah Vickers , on the brief) Patterson Belknap Webb & Tyler LLP, New York, NY; Gregory K. McGillivary , Woodley & McGillivary (on the brief), Washington, DC; Andrew Quinn , Quinn & Mellea, LLP (on the brief), White Plains, NY, for Plaintiff-Appellees.

Karen M. Griffin (of counsel), Andrez Carberry , Francis F. Caputo (on the brief), for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellants.

Before: POOLER, KATZMANN, and HALL, Circuit Judges.

POOLER, Circuit Judge:

New York City and the New York City Police Department appeal from an order of United States District Court for the Southern District of New York (Scheindlin, J.) entered on March 21, 2008, and amended on April 10, 2008, preliminarily enjoining them from investigating and disciplining Plaintiff-Appellees based upon Plaintiff-Appellees' testimony or participation in this lawsuit. We conclude that hearsay testimony is admissible to support...

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