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MACK v. OTIS ELEVATOR CO.

No. 02-7056.

326 F.3d 116 (2003)

Yasharay MACK, Plaintiff-Appellant, v. OTIS ELEVATOR COMPANY and Local 1 International Union of Elevator Constructors, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: January 3, 2003.

Decided: April 11, 2003.

Attorney(s) appearing for the Case

Saul D. Zabell, Somma, Zabell & Associates, LLP (Michael G. McAlvin, of counsel), Farmingdale, NY, for Plaintiff-Appellant.

Kenneth W. Gage, Day, Berry & Howard LLP (Jamal M. Dawkins, of counsel), Stamford, CT, for Defendant-Appellee Otis Elevator Company.

Richard H. Markowitz, Markowitz & Richman (Nancy A. Walker, of counsel), Philadelphia, PA, for Defendant-Appellee Local 1 International Union of Elevator Constructors.

Nicholas M. Inzeo, Philip B. Sklover, Vincent J. Blackwood, Julie L. Gantz, Equal Employment Opportunity Commission, Washington, D.C., submitted a brief for Amici Curiae Equal Employment Opportunity Commission.

Before: FEINBERG, CARDAMONE, and SACK, Circuit Judges.

SACK, Circuit Judge.

The plaintiff, Yasharay Mack, appeals from the judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge), which granted the defendants' motion for summary judgment and dismissed the complaint. We conclude that the district court correctly granted the defendants' motion with respect to Mack's claims under Title VII alleging failure to represent, unlawful constructive discharge, and retaliation...

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