Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation

HAYS, Circuit Judge:

This is an appeal from an order of the United States District' Court for the Southern District of New York in an action to enjoin defendants from violating plaintiffs’ constitutional rights, denying plaintiffs’ motions for summary judgment and granting defendants’ motion to dismiss the complaint. We affirm the dismissal of the complaint, although on grounds different from those on which the district court relied.

There is no dispute as to the material facts. Some time in 1966 the defendant Commissioner of Investigation of the City of New York was informed that employees in…