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MARIO v. P & C FOOD MARKETS, INC.

Docket No. 01-9220.

313 F.3d 758 (2002)

Marc Andrew MARIO, Plaintiff-Appellant, v. P & C FOOD MARKETS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 20, 2002.

Attorney(s) appearing for the Case

Andrea R. Polvino, McGrath & Polvino, Williamsville, NY, for Plaintiff-Appellant.

Thomas J. Grooms, Bond, Schoeneck & King, LLP, Syracuse, NY, for Defendant-Appellee.

Sara Pikofsky, Trial Attorney (Eugene Scalia, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, Elizabeth Hopkins, Counsel for Special Litigation), Washington, D.C., for United States Department of Labor as amicus curie on behalf of Appellee.

Before: McLAUGHLIN, CALABRESI, and B.D. PARKER, Jr., Circuit Judges.

CALABRESI, Circuit Judge.

Plaintiff-appellant Marc Andrew Mario appeals from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge) dismissing his complaint against his employer, defendant-appellee P & C Food Markets, Inc. ("P & C"). Mario alleged that P & C had unlawfully denied him health insurance coverage for gender reassignment surgeries that he had undergone, and he asserted claims under...

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