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MEWSHAW v. POLICE DEPT., CITY OF NEW YORK

No. 79 CIV 4288 (LBS).

493 F.Supp. 838 (1980)

Joseph MEWSHAW, Plaintiff, v. POLICE DEPARTMENT, CITY OF NEW YORK, Personnel Department, City of New York, and The City of New York, Defendants.

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

June 2, 1980.

Attorney(s) appearing for the Case

Ira Leitel, New York City, for plaintiff.

Allen G. Schwartz, Corp. Counsel City of New York, New York City, Ellen August, Asst. Corp. Counsel, for defendants.

OPINION

SAND, District Judge.

Plaintiff is a New York City Police Sergeant who was admittedly denied appointment as a police officer in 1961, 1963 and 1965 solely because he failed to meet the then existing height requirement of 5'8". During those years, the height requirement for women police officers was lower than that for men, and plaintiff alleges that he would have been eligible for appointment if the height requirement for women was applied to men...

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