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O'BRIEN v. BOARD OF ED. OF CITY SCH. DIST., ETC.

No. 76 Civ. 660(PNL).

498 F.Supp. 1033 (1980)

Peter S. O'BRIEN, as President of the Council of Supervisors and Administrators of the City of New York, Local 1, SASOC, AFL-CIO, and Solomon Zeichner, on behalf of all others similarly situated, Plaintiffs, v. The BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK, Irving Anker, as Chancellor of the City School District of the City of New York and Hugh L. Carey, as Governor of the State of New York, Defendants.

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

July 8, 1980.

Attorney(s) appearing for the Case

Thomas Kennedy, New York City, for plaintiffs.

Gary R. Tarnoff, Asst. Corp. Counsel, Daniel M. Cohen, Asst. Atty. Gen., State of New York, New York City, for defendants.

MEMORANDUM ORDER

LEVAL, District Judge.

Peter S. O'Brien, President of the Council of Supervisors and Administrators of the City of New York, Local 1, brought this action as representative of a class of supervisory employees of the New York City school system against, inter alia, the Board of Education of the City of New York and Hugh L. Carey in his capacity as Governor of the State. The plaintiffs challenge the constitutionality of the strike penalty...

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