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FIORIGLIO v. CITY OF ATLANTIC CITY

Civil Action No. 96-2295(JEI).

963 F.Supp. 415 (1997)

Kim D. FIORIGLIO, Plaintiff, v. CITY OF ATLANTIC CITY, James Whelan, Paul Gallagher, Benjamin Brenner, Terrence Mooney, Dennis Brooks, Atlantic City Firefighters' Local 198, and Joseph Rush, Defendants.

United States District Court, D. New Jersey.

May 6, 1997.

Attorney(s) appearing for the Case

Perskie & Wallach by M. Daniel Perskie, Kevin R. Moses, Northfield, NJ, for Plaintiff.

Freeman, Zeller & Bryant by Ronald Freeman, Cherry Hill, NJ, for Defendant City of Atlantic City.

Murray, Murray & Corrigan by David F. Corrigan, Tamara M. Burke, Little Silver, NJ, for Defendant James Whelan.

Goldenberg, Mackler & Sayegh by Harry Goldenberg, Atlantic City, NJ, for Defendant Dennis Brooks.

Levine, Staller, Sklar, Chan, Brodsky & Donnelly by John M. Donnelly, Atlantic City, NJ, for Defendant Benjamin Brenner.

Tuohy & Tuohy by Dennis Tuohy, Atlantic City, NJ, for Defendant Terrence Mooney.

OPINION

IRENAS, District Judge:

This matter involves claims brought by firefighter Kim Fioriglio ("Fioriglio") against the City of Atlantic City ("City"), the City's Mayor, James Whelan, and several City officials following the City's decision not to promote Fioriglio to the position of battalion chief. Fioriglio maintains that the decision to not promote him was the result of a conspiracy among the defendants to punish him for running against James Whelan...

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