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MARTIN v. MALCOLM PIRNIE, INC.

No. 1710, Docket 91-6138.

949 F.2d 611 (1991)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. MALCOLM PIRNIE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 20, 1991.

Attorney(s) appearing for the Case

Marva M. Peace-Jackson, Washington, D.C. (David S. Fortney, Deputy Sol. of the U.S. Dept. of Labor, Monica Gallagher, Associate Sol., William J. Stone, Counsel for Appellate Litigation, Washington, D.C., Patricia M. Rodenhausen, Regional Sol., New York City, of counsel), for plaintiff-appellant.

Ronald M. Green, New York City (Gilbert J. Ginsburg, Epstein Becker & Green, P.C., Sandra J. Boyd, Gerard P. Cavaluzzi, Malcolm Pirnie, Inc., Robert L. Jauvtis, Bickel & Brewer, of counsel), for defendant-appellee.

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

ALTIMARI, Circuit Judge:

Plaintiff-appellant Lynn Martin, Secretary of the United States Department of Labor ("Secretary"), appeals from a judgment entered in the United States District Court for the Southern District of New York (Gerard L. Goettel, Judge), conditionally granting defendant-appellee Malcolm Pirnie, Inc.'s ("MP") motion for partial summary judgment and dismissing the action. The Secretary initiated the...

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