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

No. 82-CV-979.

580 F.Supp. 1052 (1984)

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.

January 3, 1984.

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

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This class action is brought on behalf of all employees of the New York State Department of Correctional Services (hereinafter "Department") who are also members of the New York State National Guard or other reserve units of the United States Armed Forces. Plaintiffs claim their rights under the provisions of 38 U.S.C. §§ 2021(b)(3) and 2024(d) have been infringed upon by a policy...

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