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SIMONTON v. RUNYON

No. 99-6180.

232 F.3d 33 (2000)

Dwayne SIMONTON, Plaintiff-Appellant, v. Marvin T. RUNYON, Jr., Postmaster General, United States Postal Service; U.S. Postal Service, United States Postal Service, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 22, 2000.

Amended: October 23, 2000.

Attorney(s) appearing for the Case

Frederick Ostrove, Leeds & Morelli, Esqs., Carle Place, N.Y., for Plaintiff-Appellant.

Paul Kaufman, Assistant United States Attorney, Loretta E. Lynch, United States Attorney for the Eastern District of New York (David L. Goldberg, Deborah B. Zwany, on the brief), Brooklyn, N.Y., for Defendants-Appellees.

Before: WALKER, Chief Judge, and SACK, and KATZMANN, Circuit Judges.

AMENDED OPINION

JOHN M. WALKER, JR., Circuit Judge:

Plaintiff-appellant Dwayne Simonton sued the Postmaster General and the United States Postal Service (together "defendants") under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., for abuse and harassment he suffered by reason of his sexual orientation. The United States District Court for the Eastern District of New York (Leonard D. Wexler, District Judge...

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