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FITZGERALD v. CAWLEY

No. 73 Civ. 5040.

368 F.Supp. 677 (1973)

P. O. John FITZGERALD et al., Plaintiffs, v. Donald CAWLEY, as Police Commissioner of the City of New York, Defendant.

United States District Court, S. D. New York.

December 12, 1973.

Attorney(s) appearing for the Case

Corso, Agulnick & Gogel, Brooklyn, N. Y., for plaintiffs; William A. Gogel, New York City, of counsel.

Norman Redlich, Corp. Counsel of the City of New York, New York City, for defendant; Donald J. Tobias, New York City, of counsel.

METZNER, District Judge:

Plaintiffs, who are New York City patrolmen, have moved for a preliminary injunction pursuant to Rule 65(a), Fed. R.Civ.P., enjoining defendant, the New York City Police Commissioner, from proceeding with a departmental trial as to these plaintiffs. The charges relate to an incident which occurred on March 19, 1972.

Plaintiffs' action seeks relief under 42 U.S.C. § 1983 and its jurisdictional mate, 28 U.S.C. § 1343, claiming...

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