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FLEISCHMAN v. ALBANY MEDICAL CENTER

Docket No. 10-0846-mv.

639 F.3d 28 (2011)

Wendy FLEISCHMAN, Cindy Cullen, on behalf of themselves and all others similarly situated, Petitioners, v. ALBANY MEDICAL CENTER, Ellis Hospital, Northeast Health, Seton Health System, St. Peter's Health Care Service, Respondents.

United States Court of Appeals, Second Circuit.

Decided: May 3, 2011.

Attorney(s) appearing for the Case

David P. Dean , James & Hoffman, P.C., Washington, D.C. ( Daniel A. Small , Cohen Milstein Sellers & Toll, PLLC, Washington, D.C., on the brief), for Petitioners.

David Marx, Jr. , McDermott Will & Emery LLP, Chicago, IL, for Respondent Albany Medical Center.

William E. Reynolds , Bond Schoeneck & King PLLC, Albany, NY, for Respondent Ellis Hospital.

Before: KEARSE, LEVAL, and LIVINGSTON, Circuit Judges.

PER CURIAM:

Pursuant to Federal Rule of Civil Procedure 23(f), petitioners Wendy Fleischman and Cindy Cullen petition for leave to appeal from an order of the United States District Court for the Northern District of New York (McAvoy, J.), entered February 16, 2010, denying their motion to amend or alter a previously entered partial grant of class certification. Petitioners argue on appeal that the district court erred in refusing to recognize evidentiary developments...

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