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BERDIN v. DUGGAN

No. 81-5259.

701 F.2d 909 (1983)

Thomas BERDIN, et al., Plaintiffs-Appellees, Cross-Appellants, v. John DUGGAN, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 1, 1983.

Attorney(s) appearing for the Case

Bertram A. Sapurstein, Miami, Fla., for Duggan.

Joseph F. Tomassi, Homestead, Fla., for City of Florida City.

Joel V. Lumer, Miami, Fla., for plaintiffs-appellees, cross-appellants.

Before HILL and CLARK, Circuit Judges, and SCOTT, District Judge.

CLARK, Circuit Judge:

Thomas Berdin was employed by the city of Florida City as a worker on its maintenance crew for many years.1 Berdin's job consisted of maintaining certain areas of the city by mowing grass, cleaning streets, picking up trash, and trimming hedges and trees. In December 1973, the crew was also assigned to maintain the baseball field and the city hired no new employees.

Appellant John Duggan was the mayor of Florida...

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