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KOCH v. YUNICH

No. 450, Docket 75-7367.

533 F.2d 80 (1976)

Robert P. KOCH et al., Appellants, v. David L. YUNICH, Chairman and Chief Executive Officer, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided April 2, 1976.

Attorney(s) appearing for the Case

Frederick J. Ludwig, New York City, for appellants.

James P. McMahon, Brooklyn (Stuart Riedel, Terrance J. Nolan, Brooklyn, Nancy A. Serventi, New York City, of counsel), for appellee Yunich.

Diane R. Eisner, Brooklyn (W. Bernard Richland, Corp. Counsel, New York City, L. Kevin Sheridan, New York City, of counsel), for appellee D'Ambrose.

Before MANSFIELD, OAKES and VAN GRAAFEILAND, Circuit Judges.

OAKES, Circuit Judge:

This appeal presents a multi-pronged attack upon the constitutionality of two sections of the New York Civil Service Law. The first is Section 801 providing that layoffs and demotions for economic reasons from positions achieved by competitive examination shall be made on the basis of seniority determined by the date of permanent appointment to the classified service generally...

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