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DAVIS v. SHULTZ

No. 19330.

453 F.2d 497 (1971)

Michael DAVIS, a minor by his next friend, Jean Ross, Individually and on behalf of all others similarly situated, Appellant, v. George P. SHULTZ, Secretary of the United States Department of Labor, et al.

United States Court of Appeals, Third Circuit.

Decided December 27, 1971.

Attorney(s) appearing for the Case

William R. Blane, Cape-Atlantic Legal Services, Atlantic City, N. J. (Joseph T. Wilkins, Director, Cape-Atlantic Legal Services, Atlantic City, N. J., on the brief), for plaintiff-appellant.

D. William Subin, Asst. U. S. Atty., Camden, N. J. (Herbert J. Stern, U. S. Atty., Newark, N. J., on the brief), for appellee George P. Shultz.

Brown, Connery, Kulp, Wille, Purnell & Green, Camden, N. J., on the brief for appellees Atlantic Human Resources, Inc., and Thomas C. Brown by William J. Cook, Camden, N. J.

Before VAN DUSEN and ROSEN, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from a district court order of July 9, 1970, dismissing the complaint "with prejudice" after making a finding of lack of subject matter jurisdiction. The dispute arose out of the dismissal of Michael Davis, the named plaintiff, and 178 other economically disadvantaged youths from a Neighborhood Youth Corps Program1 in the summer of 1969. The program, which provided...

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