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IRIZARRY v. WEINBERGER

Nos. 74 Civ. 1046, 74 Civ. 1054.

381 F.Supp. 1146 (1974)

Carmen IRIZARRY et al., Plaintiffs, v. Caspar WEINBERGER et al., Defendants. Leona SAWYER et al., Plaintiffs, v. Earl L. BUTZ et al., Defendants.

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

May 10, 1974.

Attorney(s) appearing for the Case

Food Research & Action Center, Inc., by Ronald F. Pollack and Roger A. Schwartz, New York City, Legal Aid Society, Westchester County, by Norman B. Lichtenstein, White Plains, N. Y., and Catherine Cronin, New Rochelle, N. Y., for plaintiffs.

Paul J. Curran, U. S. Atty., by William S. Brandt, Asst. U. S. Atty., New York City, for defendants.

Before HAYS, Circuit Judge, and MOTLEY and GURFEIN, District Judges.

MOTLEY, District Judge.

OPINION ON MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS

INTRODUCTION

Involved in this case is whether Congress, consistent with the Fifth and Fourteenth Amendments to the United States Constitution, can confer the equivalent of a food stamp benefit on one group of needy while denying that benefit on an allegedly similarly situated group. Plaintiffs, some of New York's needy aged, blind and disabled, challenge...

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