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McLEAN v. MATHEWS

No. 76 Civ. 1572.

458 F.Supp. 285 (1977)

Willie McLEAN, Individually and on behalf of all others similarly situated, Plaintiffs, 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 and 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.

June 23, 1977.

Attorney(s) appearing for the Case

Legal Aid Society of Westchester County, New Rochelle, for plaintiff.

Robert Fiske, Jr., U.S. Atty., S.D.N.Y., New York City, for defendants.

MEMORANDUM

STEWART, District Judge:

In an opinion issued May 19, 1976, this Court granted the named plaintiff's application for preliminary injunctive relief, and denied defendants' motion to dismiss. Then in a memorandum dated June 9, 1976, the Court certified this action as a class action. Presently before the Court are cross-motions for summary judgment.

In our May 19, 1976 decision, we set forth the facts and issues presented in this case at...

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