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BARCIA v. SITKIN

No. 03-7715.

367 F.3d 87 (2004)

Nidia BARCIA, individually and on behalf of all others similarly situated, Municipal Labor Committee, on behalf of the employees it represents, Kettely Laraque, Michael Wernham, Charles Rosa, Soso Liang Lo, Joan Miller, John Paulsen, Esperanza Polanco, Joyce Glotzer, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Louis SITKIN, as Chairman of the New York State Unemployment Insurance Appeal Board, James R. Rhone, Esq., Arthur A. Strauss, Harry Zankel, G. Douglas Pugh, as members of the New York State Unemployment Insurance Appeal Board, Philip Ross, as Industrial Commissioner of the State of New York, New York State Department of Labor, New York State Unemployment Insurance Appeal Board, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: May 10, 2004.

Attorney(s) appearing for the Case

Deon J. Nossel, Senior Assistant Solicitor General (Michael S. Belohlavek, Deputy Solicitor General, of counsel, Eliot Spitzer, Attorney General of the State of New York, on the brief), Office of the Attorney General of the State of New York, New York, NY, for Defendants-Appellants.

David Raff (Robert L. Becker, of counsel), Raff & Becker, LLP, New York, NY, for Plaintiffs-Appellees.

Before: CABRANES and RAGGI, Circuit Judges, and MUKASEY, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

The principal questions we consider are whether, in the circumstances presented, the United States District Court for the Southern District of New York (Robert L. Carter, Judge) erred in (1) denying an application to modify a consent decree entered into in 1983, and (2) granting three requests for enforcement of the decree and for further relief. The consent decree was the result of consolidated class actions challenging...

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