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ALDAMUY v. PIRRO

No. 76-CV-204.

436 F.Supp. 1005 (1977)

Humbert ALDAMUY, Karl Newton, M.D., Henry Jackson, Ruben Cowart, D.D.S., Upstate Coalition on Minority Health, Plaintiffs, v. Nicholas PIRRO, Syracuse-Onondaga County Planning Agency, Michael O. Sawyer, Onondaga County Nominating Committee Health Systems Agency Development Task Force, John Abbott and Secretary of Health, Education and Welfare, Joseph F. Califano, Defendants.

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

April 5, 1977.

Attorney(s) appearing for the Case

Crystal, Manes & Rifken, Syracuse, N. Y., for plaintiffs; Sidney L. Manes, Syracuse, N. Y., of counsel.

Paul V. French, U. S. Atty., N. D. N. Y., Albany, N. Y., for defendants; Borge Varmer, Regional Atty., Region II, Winifred M. Nash, Asst. Regional Atty., Dept. of HEW, New York City, Joseph R. Matthews, Asst. U. S. Atty., Syracuse, N. Y., of counsel.

MEMORANDUM-DECISION AND ORDER

PORT, District Judge.

NATURE OF PARTICULAR PROCEEDING

Plaintiffs brought this action to challenge the appointment of two individuals to the Board of Directors of the Central New York Health Systems Agency. The defendant, Secretary of Health, Education and Welfare, has moved to dismiss the action for lack of jurisdiction and for failure to state a claim. The motion of the Secretary to dismiss for failure to state a...

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