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SCHOOL CROSSING GUARDS ASS'N, ETC. v. BEAME

No. 77 Civ. 3859-CLB.

438 F.Supp. 1275 (1977)

SCHOOL CROSSING GUARDS ASSOCIATION OF the CITY OF NEW YORK, INC., by Barbara Morgan, President, and Barbara Morgan, Individually, Plaintiffs, v. Abraham D. BEAME, Mayor of the City of New York, Michael J. Codd, Police Commissioner of the City of New York, Ray Marshall, Secretary, United States Dept. of Labor, the City of New York, Defendants.

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

November 1, 1977.

Attorney(s) appearing for the Case

Kleinberg, Friedman & Mandel by Chester S. Mandel, New York City, for plaintiffs.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for defendant Ray Marshall by Louis G. Corsi, Asst. U. S. Atty., New York City.

W. Bernard Richland, Corp. Counsel by H. Kenneth Wolfe, Asst. Corp. Counsel, New York City, for Abraham D. Beame, Michael J. Codd and the City of New York.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendants in this action have moved, pursuant to Rule 12(b), F.R.Civ.P., to dismiss the complaint for, among other things, failure to state a claim upon which relief can be granted. At issue is whether plaintiffs have standing to raise the issues mentioned below. I conclude they do not.

Plaintiffs are the School Crossing Guards Association of the City of New York, Inc. (hereinafter the "Association"...

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