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DUFFANY v. VAN LARE

No. 72-CV-238.

373 F.Supp. 1060 (1973)

Joan DUFFANY et al., Plaintiffs, v. Barry VAN LARE, Acting Commissioner of the New York State Department of Social Services, and Haswell P. Brayton, Jr., Commissioner of the Jefferson County Department of Social Services, Individually and in their official capacities, Defendants.

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

May 22, 1973.

Attorney(s) appearing for the Case

John R. Kennedy, Legal Services-Health and Nutritional Development, Rochester, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., of N. Y., Albany, for defendant, Barry Van Lare; Joseph T. Hopkins, Asst. Atty. Gen., James H. Sweeny, Deputy Asst. Atty. Gen., of counsel.

Stanford H. Waite, Watertown, for defendant, Haswell P. Brayton, Jr.

PORT, District Judge.

Memorandum-Decision and Order

This case is before the court on defendants' motion to dismiss the complaint on the grounds, inter alia, of failure to state a claim upon which relief can be granted and lack of jurisdiction.

The plaintiffs in a twenty-six page complaint alleging eight separate causes of action seek the following relief:

1. An order that the action be maintained as a class action; 2. The...

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