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CASHMAN v. PORT OF NEW YORK AUTHORITY

No. 67 Civ. 985.

319 F.Supp. 1264 (1970)

Thomas J. CASHMAN et al., on behalf of themselves and all other retired members of the police force of the Port of New York Authority, similarly situated, Plaintiffs, v. PORT OF NEW YORK AUTHORITY, Defendant.

United States District Court, S. D. New York.

September 2, 1970.

Attorney(s) appearing for the Case

Harvey & Harvey, Albany, N. Y., for plaintiffs; Arthur J. Harvey, Albany, N. Y., of counsel.

Sidney Goldstein, New York City, for defendant; John F. Duffy, New York City, of counsel.

OPINION

LASKER, District Judge.

Plaintiffs bring this action "on behalf of themselves and all other retired members of the police force of the Port of New York Authority similarly situated." Two motions have been brought. Plaintiffs move for an order declaring this a class action, and defendant moves to dismiss on the following grounds: (a) that the court lacks jurisdiction because no plaintiff has or could incur damages in excess of $10,000, and plaintiffs...

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