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RUMSEY v. N.Y. STATE DEPT. OF CORRECTIONAL SERVICES

No. 82-CV-979.

569 F.Supp. 358 (1983)

Lee S. RUMSEY, Douglas DiGerlando, Michael Rhodes and Thomas Graves, individually and as representatives of a class of persons similarly situated, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES and Thomas Coughlin III, as Commissioner of the New York State Department of Correctional Services, Defendants.

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

June 28, 1983.

Attorney(s) appearing for the Case

Rowley, Forrest & O'Donnell, P.C., Albany, N.Y., for plaintiffs; Thomas J. Forrest, Mark T. Walsh, Jr., Albany, N.Y., of counsel.

Robert Abrams, Atty. Gen., Albany, N.Y., for defendants; Susan S. Boochever, Asst. Atty. Gen., Albany, N.Y., of counsel.

MEMORANDUM-DECISION & ORDER

MINER, District Judge.

I

Plaintiffs, all employees of the New York State Department of Correctional Services and members of the New York State National Guard or other reserve units of the United States Armed Forces, have brought this action on behalf of themselves and all others similarly situated, claiming that their rights under 38 U.S.C. §§ 2021(b)(3) and 2024(d) have been violated by a policy of defendants...

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