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LOPER v. NEW YORK CITY POLICE DEPT.

No. 90 Civ. 7546 (RWS).

766 F.Supp. 1280 (1991)

Jennifer LOPER and William Kaye, on behalf of themselves and all other persons who are similarly situated, Plaintiffs, v. NEW YORK CITY POLICE DEPARTMENT, and Lee P. Brown, as the Commissioner of Police of the New York City Police Department, Defendants.

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

June 17, 1991.

Attorney(s) appearing for the Case

George Sommers, New York City, and Hoboken, N.J., for plaintiffs.

Victor A. Kovner, Corp. Counsel for City of New York, New York City, for defendants; Ira J. Lipton, Bruce Rosenbaum, of counsel.

OPINION

SWEET, District Judge.

Plaintiffs Jennifer Loper ("Loper") and William Kaye ("Kaye"), who are New York City residents, and the class they represent have moved pursuant to Rule 56, Fed.R. Civ.P. for summary judgment upon their 42 U.S.C. § 1983 complaint against defendants New York City Police Department (the "City") and its Commissioner Lee P. Brown ("Brown"). The City has cross moved for summary judgment to dismiss the complaint. For the reasons...

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