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TORRES v. NEW YORK STATE DEPARTMENT OF LABOR

No. 70 Civ. 2408.

333 F.Supp. 341 (1971)

Roberto TORRES and Walter Dinger, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF LABOR and Louis L. Levine, Industrial Commissioner, Defendants, v. UNITED STATES of America, Intervenor-Defendant.

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

October 26, 1971.

Attorney(s) appearing for the Case

Dennis R. Yeager, New York City, (Robert P. Roberts, Emilio P. Gautier, Paul G. Chevigny, New York City, on the brief), for plaintiffs.

Brenda Soloff, Asst. Atty. Gen., of the State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for defendants New York State Department of Labor and Louis L. Levine.

Joseph D. Danas, Asst. U. S. Atty., (Whitney North Seymour, Jr., U. S. Atty., for Southern District of New York, L. Patrick Gray, III, Harland F. Leathers, David J. Anderson, U. S. Department of Justice, Alfred G. Albert, Louise F. Freeman, H. A. Kelly, U. S. Department of Labor, on the brief), for intervenor-defendant United States of America.

Before HAYS, Circuit Judge, and McLEAN and LASKER, District Judges.

PER CURIAM:

This class action was commenced by New York recipients of unemployment benefits seeking a declaratory judgment that New York Labor Law §§ 597, 598, and 620 (McKinney's Consol.Laws, c. 31, 1965) violated the due process clause of the fourteenth amendment and § 303(a) (1) of the Social Security Act, 42 U.S.C. § 503(a) (1) (1970), "insofar as [those sections] authorize the suspension or termination of unemployment compensation benefits...

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