Legal Opinion
Santora v. Civil Service Commission
District Court, S.D. New York
Decided April 4, 1977No. 76 Civ. 1695 (HFW)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION
WERKER, District Judge.
On April 12, 1976, plaintiffs filed this action to overturn the Department of Personnel’s December, 1972 decision1 removing them from allegedly tenured positions as District Foremen (Highway Maintenance) and requiring them to resume their previous positions as Foremen of Asphalt Workers. Defendants now seek to dismiss the complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure on the ground that the action is barred by both the controlling statutes of limitation and the doctrine of res judicata. Although the defense of res judicata seems…
2Cases cited28 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Monroe v. PapeSupreme Court of the United States · 1961
- Paul v. DavisSupreme Court of the United States · 1976
- Bell v. HoodSupreme Court of the United States · 1946
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
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3Cited by3 opinions
- Alexander v. PolkDistrict Court, E.D. Pennsylvania · 1978
- Newman v. Board of Education of the City School DistrictDistrict Court, E.D. New York · 1977
- Santora v. Civil Service Commission, City of New YorkCourt of Appeals for the Second Circuit · 1978