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ALBANY WELFARE RIGHTS ORG. DAY CARE CTR., INC. v. SCHRECK

No. 732, Docket 72-1228.

463 F.2d 620 (1972)

The ALBANY WELFARE RIGHTS ORGANIZATION DAY CARE CENTER, INC., et al., Appellants, v. Francis SCHRECK, Individually and as Commissioner of the Albany County Department of Social Services, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1972.

Attorney(s) appearing for the Case

Steven J. Cole, New York City (Henry A. Freedman, N.L.S.P. Center on Social Welfare Policy and Law, Inc., New York City, Marilyn J. Berger, Joel F. Spitzer, Lawrence F. Klepper, Legal Aid Society of Albany, Inc., Albany, N. Y., on the brief), for appellants.

John J. Clyne, Albany County Atty., for appellees Schreck and Jay.

Alan W. Rubenstein, Principal Atty., Albany, N. Y. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Ruth Kessler Toch, Sol. Gen., Francis V. Dow, Asst. Atty. Gen., on the brief), for appellee Wyman.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Plaintiffs commenced this action for damages and injunctive and declaratory relief on the ground that defendants have improperly denied Albany Welfare Rights Organization Day Care Center, Inc., the right to provide day care services for children of recipients of public assistance. The Executive Director of A.W.R.O. Day Care Center, Catherine Boddie, is one of the named plaintiffs; the other named plaintiffs, mothers of children eligible to receive...

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