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PERRY v. KELLEY

No. 73 Civ. 4766.

378 F.Supp. 299 (1974)

Ruth PERRY et al., Plaintiffs, v. Florence M. KELLEY et al., Defendants.

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

June 14, 1974.

Attorney(s) appearing for the Case

Stephen M. Latimer, Bronx Legal Services Corp. B, New York City, for plaintiffs.

Louise Gruner Gans, Community Action for Legal Services, New York City.

Louis J. Lefkowitz, Atty. Gen. of New York State, for defendants (except Sugarman); Robert S. Hammer, Asst. Atty. Gen., of counsel.

Adrian P. Burke, Corp. Counsel, New York City, for defendant Sugarman; Joseph F. Bruno, Asst. Corp. Counsel, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

These are cross motions. Plaintiffs move for an order pursuant to Fed.R. Civ.P. 23(c) determining that this action be maintained as a class action. Defendants move for an order pursuant to Fed.R.Civ.P. 12(b) dismissing the complaint.

This action was commenced on November 7, 1973, and an amended complaint was filed on February 27, 1974. Plaintiffs sue on behalf of themselves and on behalf of "all persons who are...

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