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BARANAUCKAS v. BLUM

Civ. No. 78-608.

493 F.Supp. 254 (1979)

Antanas BARANAUCKAS and Mary Ancaldo by her Guardian Ad Litem, Individually and on Behalf of a class of persons similarly situated, Plaintiffs v. Barbara BLUM, in her official capacity as Commissioner of the New York State Department of Social Services, and Gabriel Russo, in his official capacity as Director of the Monroe County Department of Social Services, and Joseph Califano, in his official capacity as Secretary of the Department of Health, Education and Welfare, and Robert Whalen, in his official capacity as Commissioner of the New York State Department of Health, and Beechwood Nursing Home, Defendants.

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

December 21, 1979.

Attorney(s) appearing for the Case

Ian C. DeWaal, Rochester, N. Y., for plaintiffs.

Robert Abrams, Atty. Gen. of N. Y., New York City, for defendants Blum & Whalen; Philip S. Glickman, Asst. Atty. Gen., Rochester, N. Y., of counsel.

Milo I. Tomanovich, Rochester, N. Y., for defendant Russo (Charles J. Genese, Rochester, N. Y., of counsel).

Fix, Spindelman, Turk, Himelein & Schwartz, Rochester, N. Y., for Beechwood Nursing Home.

David Rothenberg, Asst. U. S. Atty., Rochester, N. Y., for Secretary of Health, Ed. and Welfare.

HAROLD P. BURKE, District Judge.

Pending before this court is the motion by Monroe County Legal Assistance Corporation for an award of attorneys fees against defendants Blum, Whalen and Russo pursuant to 42 U.S.C. § 1988. Also pending is the cross-motion by defendants Blum, Whalen and Russo that such motion be denied or, in the alternative, that any such award be made against defendants Beechwood and Califano only. These motions arise out of the action of the...

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