United States Second Circuit

In a claim for attorney's fees pursuant to Title VII of the Civil Rights Act, the district court erred in dismissing plaintiff's complaint since he made a colorable pleading of subject matter jurisdiction upon which the district court could have relied to adjudicate the complaint.

Appellate Information

• Argued 10/14/2004
• Decided 09/20/2005
• Published 09/21/2005

Judges

• Before OAKES, KEARSE and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward Cherney, Port Jefferson, N.Y. (John J. Andrews, Kenneth Lauri, Law Office of John J. Andrews, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Barry Leibowicz, Great Neck, N.Y. (Law Offices of Barry Leibowicz, of counsel), for Defendants-Appellees.