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BUFFALO TEACHERS FEDERATION v. TOBE

No. 04-CV-457S.

446 F.Supp.2d 134 (2005)

BUFFALO TEACHERS FEDERATION, Buffalo Educational Support Team-Nea/NY, Transportation Aides of Buffalo, Nea/NY, Substitutes United/Buffalo-Nea/NY, Buffalo Council of Supervisors and Administrators, Afscme Local 264, Professional, Clerical and Technical Employees' Association and Local 409 International Union of Operating Engineers, Plaintiffs, v. Richard TOBE, Thomas E. Baker, Alair Townsend, H. Carl McCall, John J. Faso, Joel A. Giambra, Mayor Anthony Masiello, Richard A. Stenhouse and Robert G. Wilmers, in their official capacities as directors/members of the Buffalo Fiscal Stability Authority, Defendants.

United States District Court, W.D. New York.

August 18, 2005.

Attorney(s) appearing for the Case

Andrew D. Roth, Robert H. Chanin, Bredhoff & Kaiser, P.L.L.C., Washington, DC, Robert W. Klingensmith, Jr., Buffalo, NY, for Plaintiffs.

A. Vincent Buzard, Harris Beach LLP, Pittsford, NY, for Defendants.

DECISION AND ORDER

SKRETNY, District Judge.

I. INTRODUCTION

On July 3, 2003, the legislature of the State of New York created the Buffalo Fiscal Stability Authority ("the Control Board") to stabilize and improve the city of Buffalo's failing financial health.1 One of the powers the legislature vested in the Control Board is the discretion to freeze wages. On April 21, 2004, the Control Board exercised that discretion...

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