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HURLEY v. HINCKLEY

Civ. A. Nos. 69-88, 69-100.

304 F.Supp. 704 (1969)

Kathleen HURLEY, William Pastereich, Alfred L. Grace, Eurdeane Lynch, Lee Staples, Marguerite Gomes, Ruth Banner, Ruth L. Boston, Mary R. Miranda, Patricia Rose, and Judy S. Benttinen, Plaintiffs, v. Albert HINCKLEY, Chief of Police of the Town of Barnstable; Robert H. Quinn, Attorney General of the Commonwealth of Massachusetts; Mrs. Ruth Rusher, Director of the Welfare Office in the Town of Barnstable; and Robert F. Ott, Commissioner of Welfare for the Commonwealth of Massachusetts; individually and in their official capacities; Defendants. Carol DOYLE, individually and on behalf of the National Welfare Rights Organization, the Massachusetts Welfare Rights Organization, and the Somerville Welfare Rights Organization, and of other persons similarly situated, Plaintiff, v. Thomas J. O'BRIEN, Chief of Police of the City of Somerville; Robert H. Quinn, Attorney General of the Commonwealth of Massachusetts; James F. Brennan, Mayor of the City of Somerville; William B. Casey, Director of the Welfare Office in the City of Somerville; and Robert F. Ott, Commissioner of Welfare for the Commonwealth of Massachusetts; individually and in their official capacities, Defendants.

United States District Court D. Massachusetts.

Judgment Affirmed January 12, 1970.

Attorney(s) appearing for the Case

Frank J. Richards, Orleans, Mass., H. Noyes Macomber, Hyannis, Mass., Michael Feldman, Lawrence Kotin, Massachusetts Law Reform Institute, Boston, Mass., for plaintiffs Hurley and others.

Michael Feldman, Lawrence Kotin, Boston, Mass., A. Van C. Lanckton, Paul Newman, Community Legal Assistance Project, Cambridge, Mass., for plaintiffs Doyle and others.

Willie J. Davis, Asst. Atty. Gen. Commonwealth of Mass. Boston, Mass., for defendants.

Before McENTEE, Circuit Judge, and CAFFREY and MURRAY, District Judges.

Judgment Affirmed January 12, 1970. See 90 S.Ct. 603.

OPINION OF THE COURT

FRANK J. MURRAY, District Judge.

These are two actions, each brought under Title 42 U.S.C. § 1983, seeking injunctive relief under Title 28 U.S.C. §§ 2281, 2284 and 1343(3), and declaratory relief pursuant to Title 28 U.S.C. § 2201, against certain Massachusetts State and Town officers and employees. In Civil Action No. 69-88-M ("Barnstable case") plaintiffs...

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