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EVANS v. LYNN

No. 73 Civ. 3475 (MP).

376 F.Supp. 327 (1974)

Rachel EVANS et al., Plaintiffs, v. James T. LYNN, in his capacity as Secretary of the Department of Housing and Urban Development, et al., Defendants.

United States District Court, S. D. New York.

May 22, 1974.

Attorney(s) appearing for the Case

Suburban Action Institute, for plaintiff, by Lois D. Thompson, Richard F. Bellman, J. Christopher Jensen, Tarrytown, N.Y.

Paul J. Curran, U. S. Atty. S.D. New York, for defendants Lynn, Green, Monticciolo, Morton, Watt, Dept. of Housing and Urban Development and Dept. of the Interior by V. Pamela Davis, New York City.

Wikler, Gottlieb, Taylor & Howard, for defendants Carroll and Tri-State Regional Planning Commission by Jeremiah T. Spires, New York City.

Golenbock & Barell, for intervenor Town of New Castle by Arthur M. Handler, Andrea Hyde, New York City.

POLLACK, District Judge.

Plaintiffs, low-income minority residents of Westchester County, have moved for a declaration of class action status, Fed.R.Civ.P. 23, and for a preliminary injunction, Rule 65, to restrain two federal agencies1 from supplying funds under grants that have been approved to the Town of New Castle for the construction of sewer facilities and the clearance of a swamp area for recreational

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