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HARRIS v. ROCKEFELLER

No. 447, Docket 71-2090.

453 F.2d 1228 (1972)

Kathryn HARRIS et al., Plaintiffs-Appellants, v. Nelson ROCKEFELLER, Governor of the State of New York, individually and in his official capacity, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 10, 1972.

Attorney(s) appearing for the Case

Richard J. Hiller, Long Island City, N.Y. (Queens Legal Services Corp., Long Island City, N.Y., William B. Haley, Long Island City, N.Y., of counsel), for plaintiffs-appellants.

Amy Juviler, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, of counsel), for appellees Rockefeller, Wyman and the Dept. of Social Services of the State of New York.

Edward J. Mallon, New York City (J. Lee Rankin, Corp. Counsel, City of New York, Stanley Buchsbaum, Philip Agree, Patrick Rooney, New York City, of counsel), for appellee City of New York.

Before SMITH, KAUFMAN and MULLIGAN, Circuit Judges.

PER CURIAM:

This is an appeal from an order denying an application for a preliminary injunction in an action brought by certain named drug addicts, residing in New York City, individually and on behalf of 3,000 individuals alleged to be similarly situated. They sought to enjoin the State and City of New York from denying Medicaid reimbursement for the cost of methadone maintenance treatment for their heroin addiction. Reimbursement was denied because appellants were...

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