RONDOUT ELEC., INC. v. NYS DEPT. OF LABOR

Docket No. 02-7947.

335 F.3d 162 (2003)

RONDOUT ELECTRIC, INC., Plaintiff-Appellee, v. NYS DEPT. OF LABOR, Linda Angello, Christopher Alund, Dir., Bureau of Public Work, New York State Department of Labor and Eliot L. Spitzer, Attorney General of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 15, 2003.


Attorney(s) appearing for the Case

J. Scott Greer, Lewis & Greer, P.C. (Veronica A. McMillan, on the brief), Poughkeepsie, NY, for Plaintiff-Appellee.

Seth Kupferberg, Assistant Attorney General, State of New York (Eliot Spitzer, Attorney General; Marion Buchbinder, Assistant Solicitor General; M. Patricia Smith, Assistant Attorney General, on the brief), New York, New York, N.Y. for Defendants-Appellants.

Before: JACOBS, POOLER, Circuit Judges, and HALL, District Judge.


HALL, District Judge.

Defendants, New York Department of Labor ("DOL"); its Commissioner, Linda Angello; the Director of its Bureau of Public Work, Christopher Alund; and the New York State Attorney General, Eliot Spitzer, appeal from the judgment of the United States District Court for the Southern District of New York (Brieant, J.) granting summary judgment to plaintiff, Rondout Electric Inc. ("Rondout"). The district court held that a DOL annualization regulation...

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