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D'AGOSTA v. HARVEY

No. 12-1203.

JOSEPH S. D'AGOSTA, THOMAS MAISANO, Plaintiffs-Appellants, v. DR. FRANCIS J. HARVEY, SECRETARY, DEPARTMENT OF THE ARMY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

March 7, 2013.

Attorney(s) appearing for the Case

Dennis L. Friedman , Philadelphia, Pennsylvania, for Appellants.

Varuni Nelson , Assistant United States Attorney ( Seth D. Eichenholtz , Assistant United States Attorney, on the brief) for Loretta E. Lynch , United States Attorney, Eastern District of New York, Brooklyn, New York, for Appellee.

PRESENT: DENNIS JACOBS, , ROSEMARY S. POOLER, , ERIC N. VITALIANO, .

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Plaintiffs-Appellants Joseph S. D'Agosta and Thomas Maisano appeal from the judgment of the United States District Court for the Eastern District of New York (Gershon, J.), granting summary judgment in favor of Defendant-Appellee Dr. Francis J. Harvey, in his capacity as Secretary...

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