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DISTRICT COUNCIL 37 v. N.Y. CITY DEPT.

No. 66, Docket No. 96-7050.

113 F.3d 347 (1997)

DISTRICT COUNCIL 37, AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, AFL-CIO; Joseph R. Zurlo; James Welsh; Charles J. Santarpia and Frank Desena, on behalf of themselves and all individuals similarly situated, Plaintiffs-Appellants, v. NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION; The City of New York; New York City Department of Personnel, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1997.

Attorney(s) appearing for the Case

Debra L. Raskin, New York City (Ivan D. Smith, James D. Esseks, Vladeck, Waldman, Elias & Engelhard, of counsel), for Plaintiffs-Appellants.

Jane L. Gordon, Office of the Corporation Counsel, New York City (Paul A. Crotty, Corporation Counsel of the City of New York, Stephen J. McGrath, Office of the Corporation Counsel, of counsel), for Defendants-Appellees.

Before MESKILL, CALABRESI and CABRANES, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiffs are a certified class of former New York City Parks Department employees who were laid off as a result of cuts to the Parks Department's budget. Plaintiffs sued in the United States District Court for the Southern District of New York, Schwartz, J., alleging, among other things, that the layoffs had a disparate impact on employees age 40 and older, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C....

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