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CARRION v. AGFA CONSTRUCTION, INC.

Nos. 11-5098, 11-5334.

733 F.3d 490 (2013)

José E. CARRION, Plaintiff-Appellant, v. AGFA CONSTRUCTION, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

October 30, 2013.

Attorney(s) appearing for the Case

Michael G. O'Neill , New York, NY, for Appellant.

Joseph M. Labuda , Milman Labuda Law Group, PLLC, Lake Success, N.Y., for Appellee.

Present: ROBERT A. KATZMANN, Chief Judge, DENNIS JACOBS, JOSÉ A. CABRANES, ROSEMARY S. POOLER, REENA RAGGI, RICHARD C. WESLEY, PETER W. HALL, DEBRA ANN LIVINGSTON, GERARD E. LYNCH, DENNY CHIN, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, and CHRISTOPHER F. DRONEY, Circuit Judges.

ORDER

Following disposition of this appeal on June 13, 2013, an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and there being no majority favoring en banc review, rehearing en banc is hereby DENIED.

GERARD E. LYNCH, Circuit Judge, dissents by opinion from the denial of rehearing en banc.

GERARD E. LYNCH, Circuit Judge, dissenting:

I dissent...

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