Affirmed 07-cv-06294 (WDNY Nov. 8, 2007) Larimer, J. [PDF Decision].  The pending Circuit Court Appeal was withdrawn in this matter after the Circuit had previously decided Wornick v. Gaffney which established the law in the Second Circuit in this issue holding that these are exempt.

(Attachment to Opinion) (3/1/07); REVERSED 07-CV-6168L (WDNY August 15, 2007);  Appeal stayed pending Circuit Court disposition 07-3986 (WDNY Oct. 12, 2007)

(Attachment to Opinion) REVERSED 07-CV-6202L (WDNY August 15, 2007) Larimer, J.; Appeal stayed pending Circuit Court disposition (WDNY Oct. 12, 2007)