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BIRNBAUM v. BLUM

No. 82 Civ. 4612 (IBC).

546 F.Supp. 1363 (1982)

Emanuel BIRNBAUM, et al., Plaintiffs, v. Barbara B. BLUM, Commissioner of State of New York Department of Social Services, et al. Defendants.

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

September 20, 1982.

Attorney(s) appearing for the Case

Marvin Neiman, New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of N. Y., New York City, for defendants; Barrie Goldstein, Asst. Atty. Gen., New York City, of counsel.

OPINION

IRVING BEN COOPER, District Judge.

Movants, Commissioner of the New York State Department of Social Services, Commissioner of the New York State Department of Health and the Director of the New York Division of Budget, seek an order, pursuant to Fed.R.Civ.P. 12, dismissing the complaint on the grounds that venue is improper, the complaint fails to state a claim upon which relief may be granted; that we should abstain from entertaining jurisdiction...

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