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HAYES v. CITY OF WILMINGTON

Civ. A. No. 75-75.

451 F.Supp. 696 (1978)

James HAYES, Plaintiff, v. CITY OF WILMINGTON, Delaware and Thomas B. Maloney, Individually and as Mayor of the City of Wilmington, Delaware, Department of Public Safety of the City of Wilmington, Delaware and Norman Levine, Individually and as Commissioner of the Department of Public Safety of the City of Wilmington, Delaware, Wilmington Bureau of Fire and James P. Blackburn and Walter Williams, Francis T. Savage, and Paul A. Hanley, Individually and as Officers of the Wilmington Bureau of Fire, Defendants.

United States District Court, D. Delaware.

May 26, 1978.

Attorney(s) appearing for the Case

John S. Grady, of Bader, Dorsey & Kreshtool, Dover, Del., for plaintiff.

Jeffrey S. Goddess, City Sol. and Charles H. Toliver, IV, Asst. City Sol., Wilmington, Del., for defendants.

OPINION

LATCHUM, Chief Judge.

Plaintiff James Hayes has been employed by the defendant City of Wilmington ("City") as a member of the defendant Bureau of Fire since 1960. In March 1973, Hayes was suspended without pay for allegedly violating three of the Bureau of Fire's rules. The suspension lasted approximately four and one-half months and ended immediately after a departmental Trial Board held a hearing on the three charges and found Hayes guilty on all...

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