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SCOTT v. MEYERS

No. 98-7731.

191 F.3d 82 (1999)

Corine SCOTT, Cecile Clue, Robert Cantrell, John Krut, Tim Schermerhorn, Plaintiffs-Appellees, v. Ronald MEYERS, Nathaniel Ford, Carmen Suardy, New York City Transit Authority (N.Y.CTA), Defendants-Appellants, Raymond D. Goodman, Roland Shelton, Dewey Gallese, Timothy Rohanan, Richard Jenkins, Ronald Pain, John Does, 1-3, Defendants.

United States Court of Appeals, Second Circuit.

Decided August 25, 1999.

Attorney(s) appearing for the Case

Arthur Z. Schwartz, New York, N.Y. (Lauren Esposito, Kennedy, Schwartz & Cure, P.C., New York, N.Y., Of Counsel), for Plaintiffs-Appellees.

Florence Dean, Brooklyn, N.Y. (Evelyn Jonas, Office of Martin B. Schnabel, Vice President and General Counsel, New York City Transit Authority, Brooklyn, N.Y., Of Counsel) for Defendants-Appellants.

Before: LEVAL and POOLER, Circuit Judges and CURTIN, District Judge.

LEVAL, Circuit Judge:

The New York City Transit Authority ("the TA") and its officers appeal from a judgment of the United States District Court for the Eastern District of New York (Frederic Block, Judge), enjoining enforcement of a TA rule that prohibits employees from wearing buttons, badges, or other insignia on their uniforms without permission. See Scott v. Goodman, 961 F.Supp. 424

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