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VIRGILIO v. CITY OF NEW YORK

Docket No. 04-1942-CV.

407 F.3d 105 (2005)

Lucy VIRGILIO, Personal Representative of Lawrence Virgilio, Plaintiff, Geraldine Halderman, Personal Representative of Lt. David Halderman, Eileen Tallon, Personal Representative of Sean Patrick Tallon, Gergard J. Prior, Personal Representative of Kevin M. Prior, Catherine Regenhard, Personal Representative of Christian Regenhard, Maureen L. Dewan-Gilligan, Personal Representative of Gerard P. Dewan, James Boyle, Personal Representative of Michael Boyle, Barbara Boyle, Personal Representative of Michael Boyle, Edward Sweeney, Personal Representative of Brian Sweeney, Gerald Jean-Baptiste, Co-Personal Representative of Gerard Jean Baptiste, Jr., Alexander Santora, Personal Representative of Christopher Santora, Maureen Santora, Personal Representative of Christopher Santora, Raffaela Crisci, Personal Representative of John A. Crisci and Patricia Deangelis, Personal Representative, Plaintiffs-Appellants, v. CITY OF NEW YORK and Motorola, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 29, 2005.

Attorney(s) appearing for the Case

Eric M. Lieberman (Carrie Corcoran, Keith M. Donoghue, on the brief) Rabinowitz, Boudin, Standard, Krinsky & Lieberman, New York, New York (Richard Salem, Salem Law Group, Tampa, Florida, William A. Reppy, Jr., Charles L.B. Lowndes Emeritus Professor of Law, Duke University School of Law, Durham, North Carolina; William Van Alstyne, Lee Professor of Law, Marshall-Wythe School of Law, Williamsburg, Virginia, on the brief), for Plaintiffs-Appellants.

Belina Anderson (Michael A. Cardozo, Corporation Counsel, Kenneth A. Becker, on the brief) Corporation Counsel of the City of New York, New York, New York, for Defendant-Appellee the City of New York.

Michael D. Schissel, Arnold & Porter LLP, New York, New York, for Defendant-Appellee Motorola, Inc.

Before: NEWMAN, STRAUB, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

In a series of tragic and terrifying attacks on September 11, 2001, terrorists killed thousands in Pennsylvania, Virginia, and New York, caused extensive damage to the Pentagon, and brought about the collapse of the North and South Towers of the World Trade Center ("WTC"). As with other catastrophes, true heros responded, not the least among them the brave firefighters, police, and first-response units of the City of New York. Plaintiffs are...

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