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AURECCHIONE v. SCHOOLMAN TRANSP. SYSTEM, INC.

Docket No. 04-0561-CV.

426 F.3d 635 (2005)

Carol AURECCHIONE, Plaintiff-Appellant, v. SCHOOLMAN TRANSPORTATION SYSTEM, INC., Classic Coach and Bill Schoolman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 23, 2005.

Corrected October 17, 2005.

Attorney(s) appearing for the Case

Edward Cherney, Port Jefferson, N.Y. (John J. Andrews, Kenneth Lauri, Law Office of John J. Andrews, of counsel), for Plaintiff-Appellant.

Barry Leibowicz, Great Neck, N.Y. (Law Offices of Barry Leibowicz, of counsel), for Defendants-Appellees.

Before OAKES, KEARSE and CALABRESI, Circuit Judges.

Judge KEARSE concurs, dubitante, in a separate opinion.

OAKES, Senior Circuit Judge.

Appellant Carol Aurecchione ("Aurecchione") appeals the district court's dismissal of her complaint for lack of subject matter jurisdiction; the complaint was essentially an application for attorney's fees pursuant to § 706(k) of Title VII of the Civil Rights Act of 1964, as amended. Adopting Magistrate Judge Boyle's Report and Recommendation, the district court (Seybert...

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