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LERNER v. CASEY

No. 165.

357 U.S. 468 (1958)

78 S.Ct. 1311

2 L.Ed.2d 1423

LERNER v. CASEY ET AL., CONSTITUTING THE NEW YORK CITY TRANSIT AUTHORITY.

Supreme Court of United States.

Decided June 30, 1958.

Attorney(s) appearing for the Case

Leonard B. Boudin argued the cause for appellant. With him on the brief was Victor Rabinowitz.

Daniel T. Scannell argued the cause for appellees. With him on the brief were Helen R. Cassidy and Edward L. Cox, Jr.

Ruth Kessler Toch, Assistant Attorney General, argued the cause for the State of New York, as amicus curiae, urging affirmance. With her on the brief were Louis J. Lefkowitz, Attorney General, and Paxton Blair, Solicitor General.

David I. Shapiro and Stephen C. Vladeck filed a brief for the New York Civil Liberties Union, as amicus curiae, urging reversal.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This case raises questions under the Fourteenth Amendment to the Constitution of the United States concerning the validity of appellant's dismissal from his position as a subway conductor in the New York City Transit System. The dismissal was pursuant to the Security Risk Law of the State of New York, N. Y. Laws 1951, c. 233, as amended, N. Y. Laws 1954, c. 105.

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