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YOURMAN v. GIULIANI

Docket No. 99-9310.

229 F.3d 124 (2000)

Harold YOURMAN, Ralph Bishop, William H. Dworkin, Frederick Ewald, John L. Hendrickson, Richard Krepela, Robert P. McCarthy, Frank Meyer, Anthony Punzi, Ronald L. Savitt, on behalf of themselves & all other employees similarly situated, Ronald A. Brow, Plaintiffs-Appellants, v. Rudolph GIULIANI, as Mayor of the City of New York, Board of Education of the City School District of the City of New York, New York City Health & Hospitals Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit, August Term, 1999.

Decided: October 2, 2000.

Attorney(s) appearing for the Case

Joan Stern Kiok, New York City (Robert N. Felix, New York City, of counsel), for Appellants.

Marilyn Richter, Assistant Corporation Counsel, City of New York, New York City (Michael D. Hess, Corporation Counsel of the City of New York, Leonard Koerner, Assistant Corporation Counsel, City of New York, New York City, of counsel), for Appellees.

Henry L. Solano, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Amicus Curiae The Secretary of Labor.

Before: MESKILL, CABRANES and KATZMANN, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiffs-appellants represent a class of individuals employed by the City of New York, the New York City Health and Hospitals Corporation (HHC), and the Board of Education of the City School District of the City of New York (BOE). In April 1991 they filed this lawsuit in the United States District Court for the Southern District of New York, Preska, J., against defendants-appellees the Mayor of the City of New York, the HHC and the...

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