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CLARRY v. U.S.

No. 1146, Docket 95-6226.

85 F.3d 1041 (1996)

James S. CLARRY, Archer Bailey, George G. Faulkner, David B. McCollum, David P. Robertson, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, Federico F. Peña, as Secretary of the Department of Transportation of the United States, David R. Hinson, as Administrator of the Federal Aviation Administration and James B. King, as Director of the Office of Personnel Management, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Laurie Edelstein, New York City (Eric M. Lieberman, Michael Ludwig, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, PC, New York City, of counsel), for Plaintiffs-Appellants.

Nancy A. Miller, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, Paul M. Geier, Rosalind A. Lazarus, Office of General Counsel, United States Department of Transportation, James Hicks, Steve Abel, Office of General Counsel, Office of Personnel and Management, of counsel), for Defendants-Appellees.

Before: MINER, WALKER and LEVAL, Circuit Judges.

MINER, Circuit Judge:

Plaintiffs-appellants James S. Clarry, Archer Bailey, George G. Faulkner, David B. McCollum, and David P. Robertson (together, the "plaintiffs") appeal from a judgment entered in the United States District Court for the Eastern District of New York (Platt, J.) dismissing their amended complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state claims upon which relief may be granted. Clarry v. United States, 891...

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