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6 Fair empl.prac.cas. 492, 6 Empl. Prac. Dec. P 8769 Maria F. G. Mendoza, Individually and on Behalf of All Other Persons Similarly Situated -Cross v. City of Miami and David Kennedy, as Chief Legislative Officer of the City of Miami, Etc. -Cross

6 Fair empl.prac.cas. 492, 6 Empl. Prac. Dec. P 8769 Maria F. G. Mendoza, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiff-Appellee-Cross v. City of Miami and David Kennedy, as Chief Legislative Officer of the City of Miami, Etc., Defendants-Appellants-Cross

6 Fair empl.prac.cas. 492, 6 Empl. Prac. Dec. P 8769 Maria F. G. Mendoza v. City of Miami & David Kennedy, as Chief Legislative Officer of the City of Miami, Etc. -Cross, 483 F.2d 430 (5th Cir. 1973)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
September 6, 1973
Docket
No. 73-1672
Citations
483 F.2d 430

Opinion

483 F.2d 430 6 Fair Empl.Prac.Cas. 492 , 6 Empl. Prac. Dec. P 8769 Maria F. G. MENDOZA, individually and on behalf of all other persons similarly situated, Plaintiff-Appellee-Cross Appellant, v. CITY OF MIAMI and David Kennedy, as chief legislative officer of the City of Miami, et al., etc., Defendants-Appellants-Cross Appellees.

No. 73-1672 Summary Calendar. *

United States Court of Appeals, Fifth Circuit.

Aug. 14, 1973. Rehearing Denied Sept. 6, 1973.

Alan H. Rothstein, City Atty., S. R. Sterbenz, Asst. City Atty., Miami, Fla., for defendant-appellants-cross-appellees.

Luis P. Salas, Miami, Fla., Russell E. Carlisle, Kenneth F. Tworoger, Fort Lauderdale, for plaintiff-appellee-cross-appellant.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

1

These are cross-appeals from a summary judgment entered against the Mayor, the City Manager, and the Chairman of the Civil Service Board of the City of Miami, Florida, in a suit brought by the appellee, an alien, concerning discrimination against aliens in the City's employment practices. We affirm.

2

1. The Court correctly held the civil service rule excluding aliens from employment to be unconstitutional. Sugarman v. Douglass, 413 U.S. 634 , 93 S.Ct. 2842 , 37 L.Ed.2d 853 (1973). The unconstitutionality of excluding aliens being the only issue in the case, the District Court's order striking Rule V, Section 3 of the City of Miami Civil Service Rules and Regulations must be construed to affect only the clause pertaining to citizenship.

3

2. There was no abuse of discretion by the trial judge in finding that $2,800 was sufficient compensation to be awarded the cross-appellants' attorneys, which amount was supported by the affidavits introduced into evidence.

4

3. The City of Miami and the City of Miami Civil Service Board were properly dismissed from the suit due to improper service of process: wives are not authorized to receive service for the respective chief executive officers in their official capacities. F.R.Civ.P. 4(d) (6); F.S.A. Secs. 48.111 and 120.071.

5

4. The cause is remanded to the District Court for consideration of an award of attorney's fees for the prosecution of this appeal.

6

Affirmed and remanded for consideration of attorney's fees.

* Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409 , Part I

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1980: 119802026peak 1980 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Sugarman v. Dougall, 413 U.S. 634 (1973) 349
Mendoza v. City of Miami, 483 F.2d 430 (5th Cir. 1973) 3
Isbell Enters. v. Citizens Cas. Co, 431 F.2d 409 (3d Cir. 1970) 3,975

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