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CITY OF BUFFALO, N.Y. v. U.S. DEPT. OF LABOR

No. 373, Docket 83-4096.

729 F.2d 64 (1984)

CITY OF BUFFALO, NEW YORK, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, and Patrick J. Crowley, Intervenor.

United States Court of Appeals, Second Circuit.

Decided January 20, 1984.

Attorney(s) appearing for the Case

Mary Louise Hayden, Buffalo, N.Y., Asst. Corp. Counsel of the City of Buffalo (John J. Naples, Corp. Counsel of the City of Buffalo, Buffalo, N.Y., of counsel), for petitioner, City of Buffalo.

Louise L. Cavanaugh, U.S. Dept. of Labor, Washington, D.C. (Francis X. Lilly, Deputy Sol. of Labor, William H. DuRoss, III, Associate Sol. for Employment and Training, Harry L. Sheinfeld, Counsel for Litigation, Washington, D.C., of Counsel), for respondent, U.S. Dept. of Labor.

Patrick J. Quinlivan, Buffalo, N.Y., for intervenor, Patrick J. Crowley.

Before FEINBERG, Chief Judge, and NEWMAN and PRATT, Circuit Judges.

FEINBERG, Chief Judge:

The City of Buffalo petitions for review of a decision of the Secretary of Labor ordering the City to reinstate intervenor Patrick J. Crowley to his former position with the Police Athletic League, Inc. ("PAL"), or to a comparable position with the City, and to award him back pay from the date of his termination to the date of his reinstatement. The issue before us is whether Crowley's attempt to obtain an appointment to an unexpired term on...

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