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APWU v. POTTER

Docket No. 02-6186.

343 F.3d 619 (2003)

APWU, AFL-CIO, Dennis O'Neil, William M. Smith, as President and on behalf of New York Metro Area Postal Union, Thomas K. Duane, as a member of the Senate of New York, 27th District, Christine Quinn, as a member of the Council, 2nd District, Transport Workers Union of America, Plaintiffs-Appellants, v. John E. POTTER, Postmaster General of the United States, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2003.

Attorney(s) appearing for the Case

LOUIE NIKOLAIDIS, Lewis, Greenwald, Clifton & Nikolaidis, P.C. (Peter Henner and Daniel E. Clifton, of counsel, on the brief), New York, NY, for Plaintiffs-Appellants.

SHEILA M. GOWAN, Assistant United States Attorney, Southern District of New York (James B. Comey, United States Attorney, Beth E. Goldman, Assistant United States Attorney, on the brief), New York, NY, for Defendants-Appellees.

Before: JACOBS and SOTOMAYOR, Circuit Judges.

JACOBS, Circuit Judge.

The United States District Court for the Southern District of New York (Keenan, J.) dismissed for lack of jurisdiction claims asserted against John E. Potter, United States Postmaster General, arising out of the clean-up of anthrax contamination by the United States Postal Service ("USPS") at its Morgan Processing and Distribution Center ("Morgan"). The action was brought by the New York Metro Area Postal Union, APWU, AFL-CIO; its president...

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