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COHEN v. FLUSHING HOSP. AND MEDICAL CENTER

No. 36, Docket 95-7016.

68 F.3d 64 (1995)

Bennett A. COHEN, Plaintiff-Appellant, v. FLUSHING HOSPITAL AND MEDICAL CENTER, Local 1199 National Health and Human Service Employees Union, Dennis Rivera, and Gus Marin, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Alan R. Sirlin, Brooklyn, NY, for Plaintiff-Appellant.

Barbara E. Hoey, New York City (John F. Gibbons, Shari Prussin, Kelley, Drye & Warren, of counsel), for Flushing Hospital and Medical Center, Defendant-Appellee.

Nicholas S. Fish, New York City (Levy, Pollack, Ratner & Behroozi, of counsel), for Local 1199 National Health and Human Service Employees Union, Dennis Rivera, and Gus Marin, Defendants-Appellees.

Before: OAKES, MINER and MAHONEY, Circuit Judges.

OAKES, Senior Circuit Judge:

This appeal arises out of the alleged wrongful termination of appellant Bennett Cohen by appellee Flushing Hospital and Medical Center ("Hospital"), and the ensuing breach of the duty of fair representation by appellee Local 1199 National Health and Human Service Employees Union ("Union"). After removing the case to federal court, both appellees moved for dismissal on the grounds that the wrongful...

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