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WOLKENSTEIN v. REVILLE

No. CIV-77-618.

539 F.Supp. 87 (1982)

Gloria WOLKENSTEIN, Kathryn Silkes, Philip Rumore and Vincent Nola, individually and on behalf of all others similarly situated, Plaintiffs, v. Eugene T. REVILLE, individually and as Superintendent of Schools; Claude D. Clapp, individually and as Chief Fiscal Officer of the City of Buffalo Public School System; Florence E. Baugh; David Kelly; Joseph E. Murphy; Louis C. Benton; Joseph D. Hillery; Mozella Richardson; Dennis Bulera; Oscar Smuckler; John C. Fiorella, as members of the Board of Education of the City School District of the City of Buffalo, Defendants.

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

January 20, 1982.

Attorney(s) appearing for the Case

Robert D. Clearfield, Buffalo, N. Y., for plaintiffs.

Joseph P. McNamara, Corp. Counsel, Buffalo, N. Y., for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiffs have brought this class action on behalf of themselves and others similarly situated, seeking a judgment declaring the procedures set forth in section 210 of New York's Civil Service Law ["CSL"] unconstitutional on their face and as applied because they deprive public employees of their property without due process of law. Plaintiffs allege that these procedures are defective in that they (1) fail to...

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