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HOTEL & REST. EMPLOYEES UNION v. NY DEPT. OF PARKS

Docket No. 01-7602.

311 F.3d 534 (2002)

HOTEL EMPLOYEES & RESTAURANT EMPLOYEES UNION, LOCAL 100 OF NEW YORK, N.Y. & VICINITY, AFL-CIO, Henry J. Tamarin, as President and Dennis Diaz, as agent thereof, Plaintiffs-Appellants, v. CITY OF NEW YORK DEPARTMENT OF PARKS & RECREATION, Henry J. Stern, as Commissioner, Robert Lawson, as Director of Special Events for Manhattan, Lincoln Center For The Performing Arts, Inc., as agent thereof, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 18, 2002.

Attorney(s) appearing for the Case

Michael T. Anderson, Davis, Cowell & Bowe, Boston, MA (Jamin R. Sewell, Office of the Counsel, Local 100, H.E.R.E., AFL-CIO, New York, NY, on the brief), for Plaintiffs-Appellants.

Kathleen Alberton, for Michael D. Hess, Corporation Counsel of the City of New York, Brooklyn, NY (Larry Sonnenshein, of counsel), for Defendant-Appellee City of New York Department of Parks & Recreation, et. al.

Charles S. Sims, Proskauer Rose L.L.P., New York, NY (Stefanie S. Kraus, on the brief), for Defendant-Appellee Lincoln Center for the Performing Arts, Inc.

Christopher Dunn, New York Civil Liberties Union Foundation, New York, NY (Arthur Eisenberg, on the brief) and Mark Lopez, American Civil Liberties Union Foundation, New York, NY, for amici curiae New York Civil Liberties Union Foundation and American Civil Liberties Union Foundation.

Before: CABRANES, STRAUB, and SOTOMAYOR, Circuit Judges.

STRAUB, Circuit Judge.

Plaintiffs-Appellants Hotel Employees & Restaurant Employees Union, Local 100, AFL-CIO, Henry J. Tamarin, President, and Dennis Diaz, as agent thereof (collectively "the Union") appeal from a judgment entered by the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge) granting summary judgment in favor of Defendants-Appellees City of New York Department of Parks & Recreation, Henry Stern...

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