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MATUSICK v. ERIE COUNTY WATER AUTHORITY

Docket Nos. 11-1234, 11-1618.

757 F.3d 31 (2014)

Scott M. MATUSICK, Plaintiff-Appellee-Cross-Appellant, v. ERIE COUNTY WATER AUTHORITY, Gary Bluman, Individually and in his Official Capacity as Foreman, John Kuryak, Individually and in his Official Capacity as Distribution Engineer, James P. Lisinski, Individually and in his Official Capacity as Coordinator of Employee Relations, Robert Mendez, Individually and in his Official Capacity as Director of the Erie County Water Authority, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 3, 2014.

Amended: February 25, 2014.

Attorney(s) appearing for the Case

Harvey P. Sanders, Sanders & Sanders, Cheektowaga, N.Y., for Plaintiff-Appellee-Cross-Appellant.

Joseph S. Brown (Adam W. Perry, Benjamin K. Ahlstrom on the brief), Hodgson Russ LLP, Buffalo, N.Y., for Defendants-Appellants-Cross-Appellees.

Before: SACK, RAGGI, and LOHIER, Circuit Judges.

SACK, Circuit Judge:

BACKGROUND

"When an appeal comes to us after a jury verdict, we view the facts of the case in the light most favorable to the prevailing party." Kosmynka v. Polaris Indus., Inc., 462 F.3d 74, 77 (2d Cir.2006). We set forth the facts of this case in accordance with that requirement.

Scott and Anita Matusick

Plaintiff Scott Matusick, who is white, was employed by the Erie...

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