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ZAGANO v. FORDHAM UNIVERSITY

Nos. 779, 780, Dockets 89-7757, 89-9007.

900 F.2d 12 (1990)

Phyllis ZAGANO, Plaintiff-Appellant, v. FORDHAM UNIVERSITY and George N. Gordon, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 29, 1990.

Opinion on Denial of Rehearing and Rehearing May 18, 1990.

Attorney(s) appearing for the Case

Andrew P. Saulitis, New York City (J. Robert Lunney, Lunney & Crocco, New York City, of counsel), for plaintiff-appellant.

Margaret B. Soyster, New York City (Holly A. Cartner, Rogers & Wells, New York City, of counsel), for defendants-appellees.

Before CARDAMONE, WINTER and ALTIMARI, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc May 18, 1990.

WINTER, Circuit Judge:

Plaintiff-appellant Phyllis Zagano, a former faculty member at defendant-appellee Fordham University, appeals from Judge Owen's dismissal of her complaint with prejudice. The week before the trial was to commence, Zagano moved for voluntary dismissal of her action under Fed.R.Civ.P. 41(a)(2) and then refused to proceed with the trial when that motion was denied. There...

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