Docket No. 13-27-cv.

725 F.3d 289 (2013)

FAHS CONSTRUCTION GROUP, INC., Plaintiff-Appellant, v. Michael GRAY, Defendant-Appellee, John Van Auken, Timothy Farrell, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2013.

Attorney(s) appearing for the Case

Albert J. Millus, Jr. ( Paul T. Sheppard , Patrick J. May , on the brief), Hinman, Howard & Kattell, LLP, Binghamton, NY, for Plaintiff-Appellant.

Victor Paladino ( Barbara D. Underwood , Solicitor General; Andrew D. Bing , Deputy Solicitor General, on the brief), Assistant Solicitor General, for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendant-Appellee.

Before: POOLER, LOHIER, and CARNEY, Circuit Judges.


Plaintiff-Appellant Fahs Construction Group, Inc. ("Fahs"), a general contractor that provided roadway construction and paving services to the New York State Department of Transportation ("DOT"), appeals from a December 7, 2012 judgment of the District Court (Glenn T. Suddaby, Judge) dismissing its First Amendment and Equal Protection claims against Defendant-Appellee Michael Gray, a construction supervisor with DOT.

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