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SEIDEMANN v. BOWEN

Docket No. 05-6773-cv.

499 F.3d 119 (2007)

David SEIDEMANN, Plaintiff-Appellant, v. Barbara BOWEN, Personally and in her Capacity as President of the PSC/ CUNY (Professional Staff Congress/City University of New York), and PSC/CUNY, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 1, 2007.

On Petition for Rehearing: Decided August 27, 2007.

Amended: August 28, 2007.

Attorney(s) appearing for the Case

Phineas E. Leahey, Davis Polk & Wardwell, New York, NY, for Plaintiff-Appellant.

James R. Sandner, (Christopher M. Callagy, Bryan D. Glass, on the brief), New York, NY, for Defendant-Appellee.

Before: ROSEMARY S. POOLER, ROBERT D. SACK and PETER W. HALL, Circuit Judges.

HALL, Circuit Judge:

Plaintiff David Seidemann is a tenured professor at Brooklyn College/City University of New York ("CUNY") and a nonunion employee, or "agency fee payer." Defendant Professional Staff Congress of the City University of New York ("PSC/CUNY") is a public-sector union designated as the exclusive collective bargaining representative for certain CUNY employees like Seidemann. Barbara Bowen is the president of the PSC/CUNY.

In 2002, Seidemann...

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