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LOPEZ v. WYMAN

Civ. No. 1971-308.

329 F.Supp. 483 (1971)

Pedro LOPEZ, individually and on behalf of all other persons similarly situated, Plaintiff, v. George K. WYMAN, individually and as Commissioner of the Department of Social Services for the State of New York, and George G. Sipprell, individually and as Commissioner of Erie County Department of Social Services, Defendants.

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

July 12, 1971.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City, for plaintiff; John E. LeMoult, New York City, Michael A. O'Connor of Legal Aid Bureau of Buffalo, Inc., Herman Schwartz and Edward I. Koren, Buffalo, N. Y., and Burt Neuborne of New York Civil Liberties Union, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, for defendant Wyman; Ruth Kessler Toch, Sol. Gen., and Jean M. Coon, Asst. Atty. Gen., of counsel.

Mario Gambacorta, Asst. County Atty., Erie County, N. Y., for defendant Sipprell.

CURTIN, District Judge.

This is an action challenging the constitutionality of the recently enacted New York welfare residency statute, Chapter 606 of the Laws of New York (1971),1 on the grounds that it is violative of the First, Fifth, and Fourteenth Amendments to the United States Constitution. Plaintiff seeks an order that this action be maintained...

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