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McLEAN v. MATHEWS

No. 76 Civ. 1572.

466 F.Supp. 977 (1976)

Willie McLEAN, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. David MATHEWS, in his capacity as Secretary of the United States Department of Health, Education and Welfare, W. J. Usery, Jr., in his capacity as Secretary of the United States Department of Labor, Phillip Ross, Individually and in his capacity as Industrial Commissioner of the New York State Department of Labor, and Stephen Berger, Individually and in his capacity as Commissioner of the New York State Department of Social Services, Defendants.

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

May 19, 1976.

Attorney(s) appearing for the Case

The Legal Aid Society of Westchester County by Steven A. Hitov, New Rochelle, N. Y., for plaintiff.

Robert B. Fiske, Jr., U. S. Atty. by Walter S. Mack, Jr., Louis J. Lefkowitz, Atty. Gen. of State of N. Y. by Mark C. Rutzick, New York City, for defendants.

MEMORANDUM

STEWART, District Judge:

Plaintiff, Willie McLean, brings this action on behalf of himself and others,1 seeking to enjoin the enforcement of certain federal and state regulations, promulgated under the Work Incentive Program ["WIN"] of the Social Security Act ["SSA"], 42 U.S.C. § 601 et seq. Named as defendants are David Mathews, the Secretary of Health, Education and Welfare ["HEW"], W. J. Usery, Jr.,...

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