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PYETT v. PENNSYLVANIA BLDG. CO.

Docket Nos. 06-3047-CV(L), 06-3106-CV(CON).

498 F.3d 88 (2007)

Steven PYETT, Thomas O'Connell, and Michael Phillips, Plaintiffs-Appellees, v. PENNSYLVANIA BUILDING COMPANY, 14 Penn Plaza, LLC, and Temco Service Industries, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 1, 2007.

Attorney(s) appearing for the Case

Jeffrey L. Kreisberg, Kreisberg & Maitland, LLP, New York, NY, for Plaintiffs-Appellees.

Paul Salvatore (Daniel Halem, Brian Rauch, on the brief), Proskauer Rose LLP, New York, NY, for Defendants-Appellants.

James F. Berg, Howard Rothschild, Realty Advisory Board on Labor Relations, Inc., New York, NY, for Amicus Curiae Realty Advisory Board on Labor Relations, Inc. in support of Defendants-Appellants.

Robin S. Conrad, Shane Brennan, National Chamber Litigation Center, Inc., Washington, DC, Samuel Estreicher, Todd Geremia, Jones Day, New York, NY, for Amicus Curiae Chamber of Commerce of the United States in support of Defendants-Appellants.

Before: CABRANES and RAGGI, Circuit Judges, and KORMAN, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

In this appeal, defendants challenge an order of the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge) denying their motion to compel arbitration of plaintiffs' age discrimination claims in accordance with the collective bargaining agreement between plaintiffs' union and their employer. Defendants argue that the District Court, which relied on the Supreme Court's decision in...

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