SANDERS v. WYMAN

No. 762, Docket 71-2152.

464 F.2d 488 (1972)

Peggy SANDERS et al., Appellants, v. George K. WYMAN, As Commissioner of the New York State Department of Social Services and Jule M. Sugarman, as Commissioner of the New York City Department of Social Services, Appellees.

United States Court of Appeals, Second Circuit.

Decided July 12, 1972.


Attorney(s) appearing for the Case

E. Judson Jennings, New York City (Bernard C. Durham and Jonathan A. Weiss, New York City, on the brief), for appellants.

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. for N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee Wyman.

Nina G. Goldstein, New York City (J. Lee Rankin, Corp. Counsel, City of New York, Stanley Buchsbaum, New York City, of counsel), for appellee Sugarman.

Before FRIENDLY, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.


MULLIGAN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Hon. Dudley Bonsal, entered October 21, 1971 which dismissed the plaintiffs' complaint for failure to state a claim upon which relief can be granted (F.R.Civ.P. 12(b)(6)), and which denied plaintiffs' motion to declare a class action and to convene a three judge court. We dismiss this appeal.

The plaintiffs at the time the complaint...

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