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METROPOLITAN OPERA ASS'N, INC. v. LOCAL 100

Docket No. 00-7763.

239 F.3d 172 (2001)

METROPOLITAN OPERA ASSOCIATION, INC., Plaintiff-Appellee, v. LOCAL 100, HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION, Henry Tamarin, individually and in his capacity as President of Local 100, Hotel Employees and Restaurant Employees International Union and Dennis Diaz, individually and in his capacity as Organizer of Local 100, Hotel Employees and Restaurant Employees International Union, Defendants-Appellants.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided February 2, 2001.

Attorney(s) appearing for the Case

Deborah E. Lans, Morrison Cohen Singer & Weinstein, New York, NY, (Vincent J. Pentima, Klett Rooney Lieber & Schorling, Philadelphia, PA, and Sharon E. Grubin, General Counsel, Metropolitan Opera, New York, NY, on the brief) for Plaintiff-Appellee.

Michael Anderson, Davis, Cowell & Bowe, San Francisco, California (Joseph J. Lynett, Herrick, Feinstein, New York, NY, on the brief) for Defendants-Appellants.

Arthur Eisenberg, Christopher Dunn, New York, NY, on the brief, for amicus curiae New York Civil Liberties Union Foundation.

Jamin B. Raskin, Professor of Law, Washington College of Law, American University, Washington, D.C., Hillary Richard, Laurie Edelstein Brune & Richard, New York, NY, on the brief, for amici curiae Global Exchange, United Students Against Sweatshops and Harvard Progressive Student Labor Movement.

Before WALKER, Chief Judge, LEVAL and PARKER, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge:

In this appeal, appellant Hotel Employees and Restaurant Employees Local 100 ("the Union" or "Local 100") challenges an injunction entered by the district court prohibiting the Union from publicly implicating the Metropolitan Opera ("the Met") in a labor dispute that the Met claimed involved only the Union and the Met's food service provider, RAPERA, Inc. ("Restaurant Associates" or "RA"). RA provides food service and concessions...

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