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FOLEY v. CONNELIE

No. 75-Civ. 4548 (MP).

419 F.Supp. 889 (1976)

Edmund FOLEY, Individually and on behalf of all other persons similarly situated, Plaintiff, v. William G. CONNELIE, Individually and in his capacity as Superintendent of the New York State Police, and A. S. Smith, Individually and in his/her capacity as Director of Personnel of the New York State Police, Defendants.

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

July 8, 1976.

Attorney(s) appearing for the Case

Jonathan Weiss, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants; by Judith A. Gordon, New York City, of counsel.

Before MANSFIELD, Circuit Judge, and POLLACK and WERKER, District Judges.

OPINION

WERKER, District Judge.

Plaintiff Edmund Foley, a citizen of the Republic of Ireland, is living in the State of New York as an alien, lawfully admitted for permanent residence in the United States. Plaintiff applied for an appointment as a New York state trooper and was refused permission to take the competitive examination because he is not a United States citizen. Plaintiff brought this suit as a class action for a declaration that Section 215...

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