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FOUNTAIN v. KARIM

Docket Nos. 15-3429, 15-3529. August Term, 2015.

838 F.3d 129 (2016)

Cory R. FOUNTAIN, Plaintiff-Appellant, v. Anwar M. KARIM, Defendant-Cross Claimant-Consolidated Plaintiff-Appellee, v. United States of America, Consolidated Cross Defendant-Appellee, United States Department of Agriculture, Cross Defendant-Appellee, Tom Vilsack, as Secretary of U.S. Department of Agriculture, Consolidated Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 23, 2016.

Attorney(s) appearing for the Case

ROBERT BRUSCHINI , Martin, Harding & Mazzotti, LLP, Albany, NY, for Plaintiff-Appellant.

JAMES T. TOWNE, JR. ( Susan F. Bartkowski & Christopher W. Rust , on the briefs), Towne, Ryan & Partners, P.C., Albany, NY, for Defendant-Cross Claimant-Consolidated Plaintiff-Appellee.

KAREN FOLSTER LESPERANCE , Assistant United States Attorney, of Counsel, for Richard S. Hartunian , United States Attorney for the Northern District of New York, Albany, NY, for Consolidated Cross Defendant-Appellee, Cross Defendant-Appellee, and Consolidated Defendant.

Before: Sack and Lynch, Circuit Judges, and Murtha, District Judge.

At all relevant times, Anwar M. Karim was a conservationist with the United States Department of Agriculture ("USDA"). One night in August 2010, he decided to drive a government vehicle from the office to which he had been temporarily assigned back to the local hotel at which he was...

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