LEBRON v. NATIONAL R.R. PASSENGER CORP. (AMTRAK)

No. 1494, Docket 93-7127.

69 F.3d 650 (1995)

Michael A. LEBRON, Plaintiff-Counter-Defendant-Appellee, v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK), Defendant-Appellant, and Transportation Displays, Incorporated, Defendant-Counter-Claimant.

United States Court of Appeals, Second Circuit.

Decided December 27, 1993.

Reversed and Remanded February 21, 1995.

Reargued May 11, 1995.

Decided October 30, 1995.


Attorney(s) appearing for the Case

Kevin T. Baine, Washington, D.C. (Nicole K. Seligman, Steven M. Farina, Williams & Connolly, Washington, D.C., William G. Ballaine, Mark S. Landman, Siff Rosen P.C., New York City (of counsel), for Defendant-Appellant.

David D. Cole, Washington, D.C. (Center for Constitutional Rights, Washington, D.C., R. Bruce Rich, Gloria C. Phares, Robin E. Silverman, Bernadette M. McCann Ezring, Jonathan Bloom, Weil, Gotshal & Manges, New York City, of counsel), for Plaintiff-Counter-Defendant-Appellee.

Before: NEWMAN, Chief Judge, and LUMBARD and MAHONEY, Circuit Judges.


MAHONEY, Circuit Judge:

On remand from the United States Supreme Court, see Lebron v. National R.R. Passenger Corp., ___ U.S. ___, 115 S.Ct. 961, 130 L.Ed.2d 902 (1995) ("Lebron III"), this appeal of a judgment entered February 11, 1993 in the United States District Court for the Southern District of New York, Pierre N. Leval, then-District Judge,* again comes before us. The district court enjoined defendant-appellee...

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