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BARHOLD v. RODRIGUEZ

No. 119, Docket 88-7361.

863 F.2d 233 (1988)

William BARHOLD, Frederick Flood, Rita Flynn-VanEs, Ruby K. Russell, John Sullivan, and Rand Condell as President of the New York State Public Employees Federation, AFL-CIO, Plaintiffs-Appellants, v. Ramon J. RODRIGUEZ, Individually and as Chairman of the New York State Division of Parole; Edward Elwin, Individually and as Executive Director of the New York State Division of Parole; Martin F. Kelly, Individually and as Director of Administration of the New York State Division of Parole; Henry P. Bankhead, Individually and as Director of Personnel of the New York State Division of Parole; Omoye Cooper, Individually and as Affirmative Action Officer of the New York State Division of Parole; the Division of Parole; Mario Cuomo, Governor and Chief Executive Officer of the State of New York; and the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 8, 1988.

Attorney(s) appearing for the Case

Nancy Burritt, Albany, N.Y. (Richard E. Casagrande, Albany, N.Y., of counsel), for plaintiffs-appellants.

Michael S. Buskus, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., O. Peter Sherwood, Sol. Gen., Peter H. Schiff, Deputy Sol. Gen., State of N.Y., Albany, N.Y., of counsel), for defendants-appellees.

Before MESKILL, PIERCE and WINTER, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiffs appeal the decision of the United States District Court for the Northern District of New York, McAvoy, J., denying their motion for summary judgment and granting defendants' motion for summary judgment. Appellees are the New York State Division of Parole, certain of its employees, New York Governor Mario Cuomo and the State of New York. Plaintiffs-appellants Flood, Flynn-VanEs and Sullivan are employees of the Division with...

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