ROSADO v. WYMAN

Nos. 711, 726, 729, Dockets 33626, 33741, 33747.

414 F.2d 170 (1969)

Julia ROSADO, Lydia Hernandez, Majorie Miley, Sophia Abrom, Ruby Gathers, Louise Lowman, Eula Mae King, Cathryn Folk, Annie Lou Phillips, and Majorie Duffy, individually, on behalf of their minor children, and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. George K. WYMAN, individually and in his capacity as Commissioner of Social Services for the State of New York, and the Department of Social Services for the State of New York, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided July 16, 1969.

Certiorari Granted October 13, 1969.


Attorney(s) appearing for the Case

Philip Weinberg, Principal Atty. New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Amy Juviler, Asst. Atty. Gen., of counsel), for appellants.

Lee A. Albert, New York City (Henry A. Freedman, Sylvia Ann Law, Nancy Duff Levy, Lucy Katz, New York City, Center on Social Welfare Policy and Law; Martin Garbus, New York City, Roger Baldwin Foundation of the American Civil Liberties Union; Carl Rachlin, James Spitzer, David Draschler, New York City, Scholarship, Education and Defense Fund, Inc.; Burt Neuborne, New York City, New York Civil Liberties Union, of counsel), for appellees.

Philip Sokol, New York City, for Federation of Jewish Philanthropies; Dorothy Coyle, New York City, for Catholic Charities for the Archdiocese of New York; Mildred A. Shanley, Brooklyn, for Catholic Charities, Diocese of Brooklyn; Louis Agin, New York City, for Federation of Protestant Welfare Agencies, amici curiae.

Before LUMBARD, Chief Judge, and HAYS and FEINBERG, Circuit Judges.


Certiorari Granted October 13, 1969. See 90 S.Ct. 106.

HAYS, Circuit Judge:

Defendants-appellants, the New York Commissioner of Social Services and the New York Department of Social Services appeal from an order and a judgment of the United States District Court for the Eastern District of New York granting a preliminary injunction, 304 F.Supp. 1354 (1969), and a permanent injunction, ___ F.Supp. ___ (1969), against enforcement...

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