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BRUZZONE v. HAMPTON

No. 75 Civ. 205.

433 F.Supp. 92 (1977)

John J. BRUZZONE, Plaintiff, v. Robert HAMPTON, Chairman, United States Civil Service Commission, James Johnson, Vice Chairman, United States Civil Service Commission, L. J. Andolsek, Commissioner, United States Civil Service Commission, the United States Civil Service Commission, William Berzak, Chairman, and all members of the United States Civil Service Commission Appeals Review Board, Wayne B. Colburn, Director, United States Marshal Service, and the United States Marshal Service, Defendants.

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

May 5, 1977.

Attorney(s) appearing for the Case

Winer, Neuburger & Sive, New York City, for plaintiff, Daniel Riesel, Mark A. Chertok, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Nathaniel L. Gerber, Asst. U. S. Atty., New York City, for defendants; Gerald M. Auerbach, Associate Legal Counsel, U. S. Marshal Service, of counsel.

MEMORANDUM

BONSAL, District Judge.

Plaintiff and defendants have cross-moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. In the alternative, defendants move for dismissal of the complaint on jurisdictional grounds pursuant to Rule 12(b), Fed. R.Civ.P.

Plaintiff John Bruzzone is a former Deputy United States Marshal. Defendant Hampton is the Chairman of the United States Civil Service Commission (the "Commission...

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