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WANDERING DAGO, INC. v. DESTITO

Docket No. 16-622. August Term, 2016.

879 F.3d 20 (2018)

WANDERING DAGO, INC., Plaintiff-Appellant, v. RoAnn M. DESTITO, Joseph J. Rabito, William F. Bruso, Jr., Aaron Walters, Defendants-Appellees, John Does, 1-5, New York State Office of General Services, New York Racing Association, Inc., Christopher K. Kay, Stephen Travers, State of New York, Defendants.

United States Court of Appeals, Second Circuit.

Final submissions: June 26, 2017.

Decided: January 3, 2018.

Attorney(s) appearing for the Case

GEORGE F. CARPINELLO ( John F. Dew , on the brief), Boies, Schiller & Flexner LLP, Albany, NY, for Plaintiff-Appellant Wandering Dago, Inc.

ZAINAB A. CHAUDHRY , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, NY, for Defendants-Appellees RoAnn M. Destito, Joseph J. Rabito, William F. Bruso, Jr., and Aaron Walters.

Before: Calabresi and Carney, Circuit Judges, Amon, District Judge.

Plaintiff-appellant Wandering Dago, Inc., ("WD") operates a food truck and brands itself and the food it sells with language generally viewed as ethnic slurs. Defendants-appellees ("defendants")1 are officials within the New York State Office of General Services ("OGS") who played a part...

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