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RHODE ISLAND BROTH., CORRECT. OFFIC. v. RHODE ISL.

No. 03-1913.

357 F.3d 42 (2004)

RHODE ISLAND BROTHERHOOD OF CORRECTIONAL OFFICERS, Plaintiff, Appellant, v. State of RHODE ISLAND; Lincoln Almond, in his capacity as Chief Executive Officer of the State of Rhode Island; Robert L. Carl, Jr., in his capacity as Director of the Department of Administration of the State of Rhode Island; Paul J. Tavares, in his capacity as General Treasurer of the State of Rhode Island; and Ashbel T. Wall II, in his capacity as the Director of the Department of Corrections of the State of Rhode Island, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Dennis T. Grieco II with whom Gidley, Sarli & Marusak, LLP was on brief, for appellant.

Thomas A. Palombo, Assistant Attorney General, Department of Attorney General, with whom Claire Richards, Special Counsel to the Governor, and John L.P. Breguet, Chief Legal Counsel, Department of Administration, Office of Labor Relations, were on brief, for appellee State of Rhode Island.

John L.P. Breguet, Chief Legal Counsel, Department of Administration, Office of Labor Relations, with whom Thomas A. Palombo, Assistant Attorney General, Department of Attorney General, and Claire Richards, Special Counsel to the Governor, were on brief, for appellee Robert L. Carl, Jr.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and STAHL, Senior Circuit Judge.

BOUDIN, Chief Judge.

This suit involves the claims of the Rhode Island Brotherhood of Correctional Officers ("the Brotherhood") against the state of Rhode Island, its governor, and other officials (collectively, "Rhode Island"). Because the case was disposed of on a motion to dismiss, Fed.R.Civ.P. 12(b)(6), we accept for purposes of review the factual allegations (but not necessarily the characterizations) of the complaint, Rogan v. Menino,

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