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COUNTY OF SENECA v. CHENEY

No. 1098, Docket 92-6296.

12 F.3d 8 (1993)

COUNTY OF SENECA; Save Our Seneca; Keep Our Base in Romulus Alive; American Federation of Government Employees Local 2546; Seneca County Industrial Development Agency, Plaintiffs-Appellees, v. Richard CHENEY, as the Secretary of Defense; Michael Stone, as the Secretary of the Army; Susan Livingstone, as the Assistant Secretary of the Army, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 9, 1993.

As Amended January 5, 1994.

Attorney(s) appearing for the Case

Douglas N. Letter, U.S. Dept. of Justice, Washington, DC (Stuart M. Gerson, Asst. Atty. Gen., Dennis C. Vacco, U.S. Atty., W.D. of N.Y., Buffalo, NY, of counsel), for defendants-appellants.

Edward F. Premo, II, Rochester, NY (Jane A. Conrad, Harter, Secrest & Emery, Rochester, NY, of counsel), for plaintiffs-appellees.

Before: NEWMAN and WINTER, Circuit Judges, and CARMAN, Judge, U.S. Court of International Trade.

WINTER, Circuit Judge:

The governmental defendants (hereafter "government") appeal from Judge Larimer's issuance of a preliminary injunction pursuant to the Defense Base Closure and Realignment Act of 1990 ("BRAC"), Pub.L. No. 101-510, 104 Stat. 1808, 10 U.S.C. § 2687 note (Supp. III 1991), enjoining a proposed reduction in force ("RIF") at the Seneca Army Depot ("SEAD") in Romulus, New York. Judge Larimer held that the appellees ("Seneca") had demonstrated a...

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