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CHRISTIAN v. NEW YORK STATE DEPT. OF LABOR, DIV. OF EMP.

No. 71 Civ. 5556.

347 F.Supp. 1158 (1972)

Jean CHRISTIAN and Victor L. Green, individually and on behalf of all others similarly situated, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF LABOR, DIVISION OF EMPLOYMENT, et al., Defendants.

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

July 24, 1972.

Attorney(s) appearing for the Case

Bedford-Stuyvesant Community Legal Services Corp., by Ruth Balen, Bronx Legal Services Corp., New York City, by Eric Rundbaken, New York City, and Dennis R. Yeager, and E. Richard Larson, New York City, Attys. for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., by Samuel A. Hirshowitz and Brenda Soloff, Asst. Attys. Gen., for defendants New York State Dept. of Labor and Louis L. Levine.

Whitney North Seymour, Jr., U. S. Atty., for the S. D. N. Y., by Taggart T. Adams, Asst. U. S. Atty., for Federal defendants.

Before HAYS, Circuit Judge, FRANKEL and BAUMAN, District Judges.

OPINION

BAUMAN, District Judge.

This action tests the constitutionality of the Federal statutory scheme providing unemployment compensation benefits for former Federal employees as it is applied to those who at the time of termination of their Federal employment were in a probationary status. The principal issue is whether the provisions of 5 U.S.C. § 85061 and the regulations promulgated thereunder, which make the findings...

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