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BURNS v. NEW YORK LIFE INS. CO.

No. 392, Docket 99-7325.

202 F.3d 616 (2000)

Marion BURNS, Plaintiff-Appellee, v. NEW YORK LIFE INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 2000.

Attorney(s) appearing for the Case

Michael Delikat, New York, N.Y. (John D. Giansello, Rene Kathawala, Orrick, Herrington & Sutcliffe LLP, on the brief) for Defendant-Appellant.

Stephen J. Hyman, New York, N.Y. (Janet C. Neschis, Deanna R. Waldron, Leavy Rosenweig & Hyman, New York, N.Y., on the brief) for Plaintiff-Appellee.

Before: JACOBS, McLAUGHLIN and SACK, Circuit Judges.

JACOBS, Circuit Judge:

Plaintiff-appellee Marion Burns ("Burns") alleges that he was the victim of race discrimination in the course of his employment with New York Life Insurance Company ("New York Life"). New York Life has moved to compel arbitration of Burns's employment discrimination claims on the ground:

(i) that Burns also worked for New York Life Securities, Inc. and its predecessor in interest ("NYL Securities"), a wholly owned subsidiary of New...

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