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CITY OF NEW YORK v. RICHARDSON

Nos. 300, 486, 487, 488, Dockets 72-1854, 72-2265, 72-2266, 72-2267.

473 F.2d 923 (1973)

The CITY OF NEW YORK et al., Plaintiffs-Appellants, v. Elliott L. RICHARDSON, as Secretary of Health, Education and Welfare of the United States, et al., Defendants-Appellees, Ralph G. Caso, individually and as County Executive of Nassau County, et al., Plaintiffs-Intervenors-Appellants, H. Lee Dennison, individually and as County Executive of Suffolk County, et al., Plaintiffs-Intervenors-Appellants, Edwin G. Michaelian, individually and as County Executive of Westchester County, et al., Plaintiffs-Intervenors-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 26, 1973.

Attorney(s) appearing for the Case

Norman Redlich, Corp. Counsel for City of New York (Edmund B. Hennefeld, Mary P. Bass, New York City, of counsel), for New York City appellants.

Whitney North Seymour, U. S. Atty., S. D. New York (Joel B. Harris, Taggart D. Adams, Asst. U. S. Attys., of counsel), for Federal appellees.

Joel Lewittes, Asst. Atty. Gen. of N. Y. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen. of N. Y., of counsel), for appellee State Commissioner.

Melvin Tannenbaum, Deputy County Atty. of Suffolk County, Riverhead, N.Y. (Joseph Jaspan, County Atty., Nassau County, George W. Percy, Jr., County Atty., Suffolk County, John J. S. Mead, County Atty., Westchester County), for intervenors-appellants.

Before LUMBARD, KAUFMAN and MANSFIELD, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This sprawling, multi-party, multi-claim appeal, presents a broadside constitutional attack upon certain provisions of the Social Security Act of 1935, 42 U.S.C. § 301 et seq., and New York State's Social Services Law, See New York Social Welfare Law (McKinney 1966 and Supp.1972) particularly those provisions concerned with the financing and reimbursement policies established by the Acts. Plaintiffs are the City of New...

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