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BASS v. RICHARDSON

No. 71 Civ. 4297.

338 F.Supp. 478 (1971)

Morris BASS (residing at 120 Gale Place, Bronx, New York), et al., Plaintiffs, v. Elliott RICHARDSON, Secretary of the United States Department of Health, Education and Welfare, individually and in his official capacity, et al., Defendants, and City of New York and New York City Health & Hospitals Corporation, Plaintiffs-Intervenors.

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

November 19, 1971.

Attorney(s) appearing for the Case

Henry A. Freedman, Steven J. Cole, Adele M. Blong, New York City, Burr Hollister, Westbury, N. Y., David Diamond, Syracuse, N. Y., Michael Trister, Washington, D. C., for plaintiffs; Patricia Butler, Richard Froh, on the brief.

Whitney North Seymour, Jr., United States Atty., for the Southern District of New York, New York City, for the United States; David P. Land, Asst. U. S. Atty., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y., for defendants Wyman and Department of Social Services; Steven M. Hochberg, Asst. Atty. Gen., of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for plaintiffs-intervenors; James Nespole, Jesse I. Levine, New York City, of counsel.

OPINION

COOPER, District Judge.

Plaintiffs move for a preliminary injunction to restrain cut-backs in benefits under the Medicaid Program of the State of New York and for determination of a class action. The motions are granted.

The plaintiffs have made a very strong showing of substantial probability of success at trial, clear and overwhelming irreparable injury which they will otherwise suffer, and the equities balance decidedly in their favor...

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