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FASANO v. FEDERAL RESERVE BANK OF NEW YORK

No. 05-4661.

457 F.3d 274 (2006)

Maureen FASANO v. FEDERAL RESERVE BANK OF NEW YORK; Ron Henry; Cynthia Ramos; Leroy Hope; Dottie Boyd; Kim Russo; Lisa Young; Mertha Jakubiszen, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 3, 2006.

Attorney(s) appearing for the Case

Thomas Baxter, Jr., Michele H. Kalstein (Argued), Barry M. Schindler, Federal Reserve Bank of New York, New York, NY, for Appellant Federal Reserve Bank of New York.

Andrew Dwyer (Argued), Dwyer & Dunnigan, LLC, Newark, NJ, for Appellee.

Frank A. Chernak, Ballard, Sphar, Andrews & Ingersoll, Philadelphia, PA, for Amicus Curiae.

Before BARRY, VAN ANTWERPEN, and JOHN R. GIBSON, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Appellant Federal Reserve Bank of New York brings this interlocutory appeal of the District Court's refusal to find appellee Maureen Fasano's employment claims, based on New Jersey state law, preempted by the Federal Reserve Act, 12 U.S.C. § 341(Fifth). For the reasons set forth below, we will reverse and remand with instructions to dismiss Fasano's Complaint.

I.

A. Federal Reserve...

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