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PEOPLE BY ABRAMS v. 11 CORNWELL CO.

Nos. 1143, 1189, Dockets 82-7084, 82-7182.

695 F.2d 34 (1982)

The PEOPLE of the State of New York, By Robert ABRAMS, Attorney General of the State of New York, on behalf of New York's mentally disabled citizens, Appellee-Cross-Appellant, v. 11 CORNWELL COMPANY, a New York Partnership, Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 30, 1982.

Attorney(s) appearing for the Case

Irwin Boyd Green, Lindenbaum & Young, P.C., Brooklyn, N.Y. (Richard Pilson, Sandra R. Schiff, Brooklyn, N.Y., of counsel), for appellant-cross-appellee.

Jane Levine, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., New York City, Peter Bienstock, Deborah Bachrach, Asst. Attys. Gen., New York City, of counsel), for appellee-cross-appellant.

Before LUMBARD, MOORE and OAKES, Circuit Judges.

OAKES, Circuit Judge:

11 Cornwell Company, a partnership owning a house, appeals from a judgment and various pretrial orders in favor of the State of New York, suing as parens patriae on behalf of mentally retarded citizens. The State cross-appeals from that part of the judgment denying its request for attorneys' fees. We affirm on the appeal and, with the author of this opinion dissenting, affirm on the cross-appeal.

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