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McINTYRE v. NEW YORK CITY DEPT. OF CORRECTION

No. 76 Civ. 956-LFM.

411 F.Supp. 1257 (1976)

Joseph McINTYRE et al., Plaintiffs, v. NEW YORK CITY DEPARTMENT OF CORRECTION et al., Defendants.

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

April 27, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corp. Counsel, New York City, for City defendants; Donald Nussbaum and Beryl Kuder, Asst. Corp. Counsels, New York City, of counsel.

Biagi, Ehrlich & Lang, New York City, for plaintiffs; Bernard G. Ehrlich, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Plaintiffs in this purported class action move, pursuant to Rule 65(a), Fed.R.Civ.P., for an order preliminarily enjoining defendants from suspending plaintiffs or members of their class from their civil service positions, pursuant to Section 75(3) of the New York Civil Service Law (McKinney 1973). A hearing was held on March 5, 1976 at which counsel for plaintiffs waived all factual issues and rested on their contention...

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