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HERNANDEZ v. PENN

Civ. No. 1975-239.

398 F.Supp. 1010 (1975)

Rafael HERNANDEZ and Ralph Hernandez, Petitioners, v. Robert C. PENN, Commissioner of Human Resources, City of Buffalo and the City of Buffalo, Respondents.

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

July 30, 1975.

Attorney(s) appearing for the Case

Sargent & Lippes, Buffalo, N. Y., (Richard J. Lippes, Buffalo, N. Y. of counsel), for petitioners.

Leslie G. Foschio, Corp. Counsel, Buffalo, N. Y. (Leslie M. Greenbaum, Buffalo, N. Y., of counsel), for respondents.

OPINION AND DECISION

ELFVIN, District Judge.

This is a motion by petitioners for an order enjoining the termination of employment of petitioners until such time as petitioners exhaust their administrative remedies.

Each petitioner was appointed into a position under the Comprehensive Employment and Training Act of 1973 ("CETA"), 29 U.S.C.A. § 801 et seq. Such employment has been terminated on the...

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