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ROMANO v. KIRWAN

Civ. No. 1973-629.

391 F.Supp. 643 (1975)

Donald F. ROMANO, Plaintiff, v. William E. KIRWAN, Superintendent of the New York State Police, Defendant.

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

March 4, 1975.

Attorney(s) appearing for the Case

Rocco D. Potenza, Buffalo, N.Y. (Christian G. Koelbl III, and Michael J. Hutter, Buffalo, N.Y., of counsel), for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of N. Y. (Douglas S. Cream, Asst. Atty. Gen., Buffalo, N.Y., of counsel), for defendant.

Before TIMBERS, Circuit Judge, CURTIN, Chief District Judge, and BURKE, District Judge.

CURTIN, Chief District Judge.

Plaintiff, a New York state policeman holding the rank of trooper, commenced this action under 28 U.S.C. §§ 1331(a) and 1343(3) alleging the unconstitutionality of the regulation setting standards for state police personal grooming, Section 4.18 of Part III of the New York State Police Manual.1 After this court granted plaintiff's motion for the convening of a three-judge court, Romano v. Kirwan...

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