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RUMSEY v. N.Y. STATE DEPT. OF CORR. SERVICES

Nos. 241, 528, Nos. 93-7273, 93-7333.

19 F.3d 83 (1994)

Lee S. RUMSEY, Douglas Digerlando, Michael Rhodes, and Thomas Graves, individually and as representatives of all persons similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES and Thomas Coughlin, as Commissioner of the New York State Department of Correctional Services, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 14, 1994.

Attorney(s) appearing for the Case

John McConnell, Asst. Atty. Gen., Albany, NY (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., of counsel), for defendants-appellants-cross-appellees.

Thomas J. Forrest, Albany, NY (James J. Seaman, Rowley, Forrest, O'Donnell & Hite, P.C., of counsel), for plaintiffs-appellees-cross-appellants.

Before: CARDAMONE, McLAUGHLIN and LAY, Circuit Judges.

CARDAMONE, Circuit Judge:

On September 15, 1982 Lee S. Rumsey, individually and as a member of a class of nearly 1000 New York State correction officers, sergeants and lieutenants employed by the Department of Correctional Services, all of whom are also members of the New York National Guard or a reservist branch of the U.S. Armed Forces, commenced a class action in the United States District Court for the Northern District of New York (Cholakis, J.). The action alleged...

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