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BODDIE v. WYMAN

No. 422, Docket 35519.

434 F.2d 1207 (1970)

Catherine BODDIE, Lillian Jackson, Thelma Moore and Eldena Kazimer, individually, on behalf of their minor children and all other persons similarly situated, and Jamie Evans, Evelina Privott, Alice Dodge, Lela Esley, as individuals 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 December 9, 1970.

Attorney(s) appearing for the Case

Steven J. Cole, New York City (Louise Lander, Philadelphia, Pa., Henry A. Freedman, Washington, D. C., Dennis B. Schlenker, Albany, N. Y., Robert D. Kolken, Buffalo, N. Y., Richard E. Ellison, Syracuse, N. Y., on the brief), for plaintiffs-appellees.

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., on the brief), for defendants-appellants.

Before LUMBARD, Chief Judge, HAYS, Circuit Judge and TENNEY, District Judge.

HAYS, Circuit Judge.

This is an appeal from an order of the United States District Court for the Northern District of New York, granting a preliminary injunction against the enforcement of N.Y. Social Services Law § 131-a (McKinney's Consol. Laws, c. 55 Supp.1970) and the regulations promulgated thereunder, 18 N.Y.C.R.R. § 352.2 (d) (1970). The action was instituted by eight residents of areas of New York state outside New York City who are recipients of...

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