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RUSSO v. KIRBY

Nos. 396, 400, Dockets 71-2042, 71-2073.

453 F.2d 548 (1971)

Saverio RUSSO, Suing on Behalf of Himself and All Other Persons Similarly Situated, and the Dependents Thereof, Plaintiffs-Appellees, v. James KIRBY, Commissioner of Social Services for Suffolk County, Defendant-Appellant, Chamber of Commerce of the United States of America, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Philip D. Tobin, New York City (Cohn, Glickstein, Lurie & Ostrin, New York City, on the brief), for plaintiffs-appellees.

Stanley S. Corwin, Greenport, N. Y. (George W. Percy, Jr., Suffolk County Atty., on the brief), for defendant-appellant.

Lawrence M. Cohen, Chicago, Ill. (Gerard C. Smetana, Chicago, Ill., Milton A. Smith, Otto F. Wenzler, Washington, D. C., Walsh & Frisch, New York City, on the brief), for intervenor-appellant.

Before MOORE, HAYS and MULLIGAN, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, which granted plaintiffs a preliminary injunction.

Plaintiffs, members of the Communications Workers of America residing in Suffolk County, have been on strike against the New York Telephone Company since July 14. At the outset of the strike strikers were granted welfare benefits if they were otherwise found eligible, as has been...

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