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CHIRILLO v. LEHMAN

38 F.Supp. 65 (1940)

CHIRILLO et al. v. LEHMAN, Governor, et al.

District Court, S. D. New York.

December 21, 1940.

Attorney(s) appearing for the Case

Morris Shapiro, of New York City (Harry Katz, of New York City, on the brief), for plaintiffs.

John J. Bennett, Jr., Atty. Gen. (Henry Epstein, Sol. Gen., and John F. X. McGohey, Nathaniel Fensterstock, and Clarence M. Maloney, Asst. Attys. Gen., of counsel), for defendants Lehman and Bennett.

William A. Davidson, Co. Atty., of Port Chester, N. Y., for defendants Casey and Taylor.

Osmond K. Fraenkel, of New York City, amicus curiae for American Civil Liberties Union.

Elliott L. Biskind, Herbert D. David, and Louis Eisenstein, all of New York City, amicus curiae for New York City Chapter of National Lawyers Guild.

Before SWAN, Circuit Judge, and HULBERT and MANDELBAUM, District Judges.

SWAN, Circuit Judge.

This is a suit in equity to restrain, on constitutional grounds, enforcement against the plaintiffs of section 71 of the Public Welfare Law of the state of New York, Consol.Laws, c. 42. This section, which is printed in the margin,1 provides for the compulsory removal of any person who is cared for at the expense of any public welfare district if he "belongs to" another state and if, in the judgment of the state department...

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