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HARDY v. ROSSELL

135 F.Supp. 260 (1955)

Jane HARDY, Vito Joseph Figlioli, Adolph J. Raynis, Robert Mautte, John F. Gallagher, Ernest L. Davis, Albert A. Fusco, Catherine I. McByrne, Virginia A. McKee, on their own behalf and on behalf of others similarly situated, Plaintiffs, v. James D. ROSSELL, Regional Director of the United States Civil Service Commission, and/or James P. Googe, as Regional Director and Lawrence H. Baer, as Acting Regional Director, his successors in such position; Aleer J. Couri, United States Appraiser of Merchandise, Customs District No. 10; and Robert W. Dill, Collector of Customs of the Port of New York, Customs District No. 10, Defendants.

United States District Court S. D. New York.

March 29, 1955.

Attorney(s) appearing for the Case

Joseph C. Kenney, New York City, for plaintiffs.

J. Edward Lumbard, U. S. Atty., for the Southern Dist. of N. Y., New York City, Harold J. Raby, Asst. U. S. Atty., New York City, for defendants.

RYAN, District Judge.

These motions were brought on by an order to show cause why the defendants should not be restrained from effecting certain downgradings in the offices of the Collector of Customs of the Port of New York and the Appraiser of Merchandise of the Port of New York. The actions of the defendants have been stayed pending determination of this motion. Defendants have cross-moved for summary judgment.

Plaintiffs seek an injunction pendente...

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