HMI MECHANICAL SYSTEMS, INC., Compensation Programs, Inc. and The CPI Open Shop Plan, by its Administrator, Everett P. Strong, Plaintiffs-Appellants,
v.
James J. McGOWAN, Commissioner, New York State Department of Labor, New York State Department of Labor, Dale Stanley, Supervisor, Bureau of Public Works, New York State Department of Labor and Eliot Spitzer, Attorney General of the State of New York, Defendants-Appellees.
United States Court of Appeals, Second Circuit. August Term, 2000.https://leagle.com/images/logo.png
Argued: November 30, 2000.
Decided: September 28, 2001.
Attorney(s) appearing for the Case
Robert A. Doren, Bond, Schoeneck & King, LLP (Subhash Viswanathan, on the brief), Buffalo, NY, for Appellant HMI Mechanical Systems, Inc.
Stephen A. Pechenik, Pechenik & Curro, P.C., Troy, NY, and Adams, Dayter & Sheehan, LLP, Albany, NY, for Appellants Compensation Programs, Inc. and The CPI Open Shop Plan.
Pico Paul Ben-Amotz, Assistant Attorney General, (Eliot Spitzer, Attorney General, Michael S. Belohlavek, Deputy Solicitor General, Marion R. Buchbinder, Assistant Solicitor General, M. Patricia Smith, Assistant Attorney General, on the brief) New York, NY, for Appellees.
Gail Ann Perry, United States Department of Labor (Henry L. Solano, Solicitor of Labor, Allen H. Feldman, Acting Associate Solicitor, Karen L. Handorf, Counsel for Special Litigation, on the brief), Washington, DC, for Amicus Curiae U.S. Secretary of Labor.
Maurice Baskin, Venable, LLP, Washington, DC, for Amicus Curiae Associated Builders and Contractors, Inc.
Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, DC; Robert M. Archer, Michael A. Ciaffa, and Jennifer D. Weekley, Meyer, Suozzi, English & Klein, P.C., Mineola, NY; Patrick E. Brown, Justin E. Driscoll, II, Plunkett & Jaffe, P.C., Albany, NY, for Amici Curiae Building and Construction Trades Department, AFL-CIO, and New York State Building and Construction Trades Council, AFL-CIO.
Before: WALKER, Chief Judge, POOLER, Circuit Judge, and HALL, District Judge.
United States Court of Appeals, Second Circuit. August Term, 2000.
POOLER, Circuit Judge:
Plaintiffs HMI Mechanical Systems, Inc. ("HMI") and Compensation Programs, Inc. and The CPI Open Shop Plan (collectively, "CPI") appeal from the March 20, 2000, judgment of the United States District Court for the Northern District of New York (Scullin, J.) granting summary judgment to defendants James J. McGowan, et al., of the New York State Department of Labor ("NYSDOL" or "the state"). Plaintiffs challenge the state's efforts to enforce...
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