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BRECH v. UNITED STATES IMMIGRATION AND NAT. SERV.

69 Civ. 3902.

362 F.Supp. 914 (1973)

Milton James BRECH et al., Plaintiffs, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE and United States of America, Defendants.

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

August 23, 1973.

Attorney(s) appearing for the Case

Elmer Fried, New York City, for plaintiffs.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City, for defendants; Taggart D. Adams, Asst. U. S. Atty., of counsel.

OPINION

MacMAHON, District Judge.

These are cross-motions for summary judgment on one statement of stipulated facts. Plaintiffs, all employees of the Immigration and Naturalization Service (INS), have challenged the methodology and the timing employed by the defendants in re-classifying their employment level as violative of the pertinent sections of the United States Code (5 U.S. C. § 5101 et seq.).

The complaint originally alleged five claims...

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