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STUTO v. FLEISHMAN

No. 97-6305.

164 F.3d 820 (1999)

Michael J. STUTO, Plaintiff-Appellant, v. Seymour FLEISHMAN, Thomas Pavloski, Kenneth Hamlett, New York City Office of the United States Department of Labor's Office of Workers' Compensation Programs, U.S. Department of Labor, and United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 21, 1999.

Attorney(s) appearing for the Case

Phillip G. Steck, Cooper, Erving, Savage, Nolan & Heller, LLP, Albany, NY, for Plaintiff-Appellant.

Rebecca DeRuyter, U.S. Department of Labor, Office of the Solicitor, Washington, DC (Thomas J. Maroney, United States Attorney, Thomas Spina, Assistant U.S. Attorney, Northern District of New York, Albany, NY, of counsel), for Defendants-Appellees.

Before: FEINBERG and WALKER, Circuit Judges, and SHADUR, Senior District Judge.

WALKER, Circuit Judge:

Plaintiff-appellant Michael J. Stuto appeals from the judgment entered December 2, 1997, by the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge), dismissing his complaint pursuant to Fed.R.Civ.P. 12(b)(6). This judgment followed upon two orders of the district court: the first, issued by Judge Con C. Cholakis, dismissed most of Stuto's claims; Judge Lawrence E. Kahn later dismissed the balance...

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