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DWYER v. REGAN

No. 84-7956.

793 F.2d 457 (1986)

Francis J. DWYER, Plaintiff-Appellant, v. Edward V. REGAN, Individually and as Trustee and Administrative Head of the New York State Employees Retirement System, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

June 11, 1986.

Attorney(s) appearing for the Case

Eileen M. Kelley, Albany, N.Y. (William F. Sheehan, Hinman, Straub, Pigors & Manning, P.C., Albany, N.Y., on brief), for plaintiff-appellant.

William J. Kogan, Asst. Sol. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., State of N.Y., Robert Hermann, Sol. Gen., Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y., on brief), for defendant-appellee.

Before TIMBERS, NEWMAN and KEARSE, Circuit Judges.

ORDER

Appellee having moved for rehearing of the above case and for modification of this Court's decision filed on November 21, 1985, 777 F.2d 825, and appellant having filed a brief in opposition, it is hereby

ORDERED that the opinion filed on that date, officially reported at 777 F.2d 825-37, be modified at page 833 in the following respects:

(1) The first full paragraph, beginning...

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