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KERN v. CITY OF ROCHESTER

No. 1499, Docket 95-9107.

93 F.3d 38 (1996)

Wendy L. KERN, Plaintiff-Appellant, v. CITY OF ROCHESTER, Fire Department, of the City of Rochester, Police Department, of the City of Rochester, Rochester Firefighters Association, Inc., Local 1071 IAFF; International Association of Firefighters, Daniel Cavuoto, Individually and as President of Local 1071, IAFF and as a Full Time City of Rochester Employee and Lt. in the City of Rochester Fire Department, Charles D. Ippolito, Individually and as Chief of the City of Rochester Fire Department and Lloyd Eldridge, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 15, 1996.

Attorney(s) appearing for the Case

Emmelyn Logan-Baldwin, Rochester, NY, for Plaintiff-Appellant.

Charles D. Steinman, Rochester, NY (Linda S. Kingsley, Corporation Counsel, Rochester, NY, of counsel), for Defendants-Appellees City of Rochester, Fire Department of the City of Rochester, Police Department of the City of Rochester, and Charles D. Ippolito.

Bradley A. Sherman, Culley, Marks, Tanenbaum, Capell and Pezzulo, Rochester, NY, for Defendant-Appellee Rochester Firefighters Association, Inc., Local 1071 IAFF.

Erick J. Genser, Washington, DC (Thomas A. Woodley, Mulholland & Hickey, Washington, DC, of counsel), for Defendant-Appellee International Association of Firefighters.

Before: MESKILL and MINER, Circuit Judges, and LASKER, District Judge.

MINER, Circuit Judge:

Plaintiff-appellant Wendy L. Kern appeals from a judgment entered in the United States District Court for the Western District of New York (Telesca, C.J.) denying her motions to amend her complaint and dismissing the complaint for failure to state claims upon which relief can be granted. Kern alleged in the complaint, inter alia, that defendants-appellees City of Rochester (the "City"), the Fire...

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