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PETTIS MOVING CO., INC. v. ROBERTS

No. 487, Docket 85-7533.

784 F.2d 439 (1986)

PETTIS MOVING CO., INC., Appellant, v. Lillian ROBERTS, Industrial Commissioner of the State of New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 10, 1986.

Attorney(s) appearing for the Case

James L. Burke, Elmira, N.Y., for appellant.

Harvey M. Berman (Robert Abrams, Atty. Gen. of N.Y., Robert Hermann, Sol. Gen. of N.Y., William J. Kogan, Asst. Sol. Gen., John Q. Driscoll, Asst. Atty. Gen., of counsel), for appellee.

Before FEINBERG, Chief Judge, LUMBARD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Pettis Moving Co. ("Pettis") appeals from the order of the United States District Court for the Northern District of New York, Howard G. Munson, Chief Judge, denying its motion for summary judgment, granting the cross-motion by the defendant New York State Industrial Commissioner ("Commissioner") for summary judgment and dismissing the complaint. Appellant sought a declaration that a Commissioner's order...

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