BURKA v. NEW YORK CITY TRANSIT AUTHORITY

No. 1419, Docket 93-9075.

32 F.3d 654 (1994)

Thomas BURKA; Eugene Avent; Frank Doe; Tracey Devlin; Fitzgerald Cumberbatch; and Felix Arce, Plaintiffs, James Salazar, Plaintiff-Intervenor, v. NEW YORK CITY TRANSIT AUTHORITY; David L. Gunn, individually and in his official capacity as President of the New York City Transit Authority, and his successors in office; Robert F. Kiley, individually and in his official capacity as Chairman of the New York City Transit Authority, and his successors in office; Brian Frohlinger, individually and in his official capacity as Assistant Vice President, Labor Relations for the New York City Transit Authority, and his successors in office; and Monica Benjamin, individually and in her official capacity as the Medical Director of the New York City Transit Authority, and her successors in office, Defendants. John GRAY, Petitioner-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 7, 1994.


Attorney(s) appearing for the Case

James B. Fishman, New York City, for petitioner-appellee.

Richard Schoolman, Office of Albert C. Cosenza, General Counsel, New York City Transit Authority, Brooklyn, NY, for respondent-appellee.

Before: LUMBARD, OAKES, and ALTIMARI, Circuit Judges.


ALTIMARI, Circuit Judge:

Petitioner-appellant John Gray appeals from a judgment of the United States District Court for the Southern District of New York (Patterson, J.), upholding a determination by respondent-appellee New York City Transit Authority ("respondent" or the "Transit Authority") that Gray was not an eligible class member under the terms of an Order on Consent ("Consent Order" or "settlement"). Under the Consent Order, which settled a class action challenging...

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