SCHLAGLER v. PHILLIPS

Docket No. 98-7062

166 F.3d 439 (1999)

Andrew J. SCHLAGLER, Plaintiff-Appellee, v. Francis D. PHILLIPS, II, District Attorney of Orange County, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 28, 1999.


Attorney(s) appearing for the Case

Richard B. Golden, Goshen, NY, for Appellant.

Robert N. Isseks, Middletown, N.Y. (Alex Smith, Middletown, NY, of counsel), for Appellee.

Jill Gross Marks, Assistant Attorney General, State of New York, New York City (Dennis C. Vacco, Attorney General of the State of New York, Edward D. Saslaw, Christine D. Duisin, Cynthia G. Kasnia, Assistant Attorneys General, State of New York, New York City, of counsel), for Amicus Curiae State of New York.

Before: MESKILL, WALKER and SACK, Circuit Judges.


MESKILL, Circuit Judge:

Defendant-appellant Francis D. Phillips II, District Attorney of Orange County, appeals from a final decision of the United States District Court for the Southern District of New York, Brieant, J., which granted summary judgment in favor of plaintiff-appellee, Andrew J. Schlagler (Schlagler). Schlagler v. Phillips, 985 F.Supp. 419 (S.D.N.Y.1997). Schlagler had moved by order to show cause for declaratory...

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