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ROMNEY v. LIN

No. 1602, Docket 95-9275.

105 F.3d 806 (1997)

Edgar ROMNEY, Manager-Secretary, Blouse, Skirt, Sportswear, Children's Wear & Allied Workers Union, Local 23-25, ILGWU, Plaintiff-Appellant, v. Alan LIN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 16, 1997.

Attorney(s) appearing for the Case

Ira Jay Katz, New York City (Max Zimny, Eric B. Chaikin, Alan M. Elis, Chaikin & Chaikin, of counsel), for Plaintiff-Appellant.

Christopher J. Sullivan, New York City (Geri S. Krauss, Carol M. Goodman, Herrick, Feinstein LLP, of counsel), for Defendant-Appellee.

J. Davitt McAteer, Marc I. Machiz, Karen L. Handorf, Maria Makris-Gouvas, U.S. Department of Labor, Washington, DC, filed a brief for amicus curiae The Secretary of Labor.

Before: NEWMAN, Chief Judge, JACOBS, Circuit Judge, and CHATIGNY, District Judge.

JACOBS, Circuit Judge:

Plaintiff-appellant Edgar Romney has filed a petition for rehearing on the grounds, inter alia, that our opinion in this case, 94 F.3d 74 (2d Cir.1996), conflicts both with a prior decision of this Court, Greenblatt v. Delta Plumbing & Heating Corp., 68 F.3d 561 (2d Cir.1995), and with the Supreme Court's recent decision in Peacock v. Thomas, ___ U.S...

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