AGUAYO v. RICHARDSON

Nos. 479, 508, Dockets 72-2195, 72-2243.

473 F.2d 1090 (1973)

Lydia AGUAYO et al., Appellants-Plaintiffs, v. Elliot R. RICHARDSON, Secretary of the United States Department of Health, Education and Welfare, et al., Appellees-Defendants.

United States Court of Appeals, Second Circuit.

Decided January 18, 1973.


Attorney(s) appearing for the Case

Adele M. Blong, New York City (Steven J. Cole, Henry A. Freedman, and NLSP Center on Social Welfare Policy and Law, Inc., New York City, of counsel), for appellants Aguayo, and others and Upstate Welfare Rights Organization, and others.

Paula Omansky, New York City (Norman Redlich, Corp. Counsel, City of New York, of counsel), for appellants City of New York and Jule Sugarman.

Joseph P. Marro, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the S. D. N. Y., Jerome T. Levy, and Thomas Scarlett, Department of Health, Education and Welfare, of counsel), for the Federal appellees.

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen. and Constance B. Margolin, Law Apprentice, New York City, of counsel), for appellees Lavine and New York State Dept. of Social Services.

Robert J. Egan, Marion P. Ames, New York City, and Mildred A. Shanley, Middle Village, N. Y., of counsel, for various civic and social organizations appearing as amici curiae in support of the contentions of appellants-plaintiffs.

Before FRIENDLY, Chief Judge, and WATERMAN and HAYS, Circuit Judges.


FRIENDLY, Chief Judge:

This appeal is from an order of Judge Bauman in the District Court for the Southern District of New York, 352 F.Supp. 462, denying a preliminary injunction in an action by three sets of plaintiffs to enjoin the New York State Commissioner of Social Services and the State Department of Social Services (NYSDSS) from carrying out two experimental work project programs for employable members of families receiving...

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