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TYSON v. NEW YORK CITY HOUSING AUTHORITY

73 Civ. 859.

369 F.Supp. 513 (1974)

Joseph TYSON, Sr., et al., Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY et al., Defendants.

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

January 9, 1974.

Attorney(s) appearing for the Case

Jerome B. Kauff, Katherine M. Preminger, New York City, for plaintiffs Joseph Tyson, Sr. and Ernestine Tyson and for plaintiff-intervenors Juan and Virgenmina Martinez.

Burt Neuborne, New York Civil Liberties Union, S. Stephen Rosenfeld, New York City, for plaintiff Mildred Brown.

Otto M. Bonaparte, New York City, for defendants; Aaron Kohn, Jeanne Hollingsworth, Gerald Davis, Raphael Samuel, New York City, of counsel.

METZNER, District Judge.

This is a motion to dismiss the complaint pursuant to Rule 12(b), Fed.R. Civ.P., for (1) failure to state a claim upon which relief may be granted, and (2) lack of subject matter jurisdiction.1

Plaintiffs are tenants in New York City public housing projects. They have brought this suit as a class action on behalf of themselves and others similarly situated against the New York City Housing Authority (HA...

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