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HOLZAPFEL v. TOWN OF NEWBURGH, NEW YORK

No. 95 Civ. 10409 (WCC).

950 F.Supp. 1267 (1997)

Joseph H. HOLZAPFEL, and Others Similarly Situated, Plaintiffs, v. TOWN OF NEWBURGH, NEW YORK, and Charles M. KEHOE, Chief of Police, Town of Newburgh Police Department, Defendants.

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

January 15, 1997.

Attorney(s) appearing for the Case

Chamberlain and Kaufman, Albany, NY (Alan S. Kaufman, of counsel), for Plaintiffs.

Drake, Sommers, Loeb, Tarshis & Catania, P.C. Newburgh, NY (Daniel J. Schneider, of counsel), for Defendants.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge:

Following a jury trial resulting in a verdict in favor of defendants Town of Newburgh and Charles M. Kehoe, plaintiff Joseph Holzapfel moves for judgment as a matter of law pursuant to Fed.R.Civ.P. 50 and for a new trial pursuant to Fed.R.Civ.P. 59. For the reasons set forth below, plaintiff's motions are denied.

I. BACKGROUND

Plaintiff has been a police officer in the Town of...

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