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McGRAW v. BERGER

No. 1167, Docket 76-7102.

537 F.2d 719 (1976)

Josephine McGRAW, Individually and on behalf of her minor dependent children and all persons similarly situated, Plaintiffs-Appellants, v. Stephen BERGER, Individually and as Commissioner of the New York State Department of Social Services, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 2, 1976.

Attorney(s) appearing for the Case

Lloyd Constantine, Brooklyn (John C. Gray, Jr., Brooklyn Legal Services Corp. B, Brooklyn, N.Y., on the brief), for plaintiffs-appellants.

Judith A. Gordon, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., Rosalind Fink, Asst. Atty. Gen., New York City, on the brief), for defendants-appellees.

Before FRIENDLY, FEINBERG and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Circuit Judge:

Josephine McGraw and her nine minor dependent children, recipients of public assistance benefits from New York State under the Aid to Families with Dependent Children (AFDC) program, appeal from a decision of the United States District Court for the Southern District of New York, William C. Conner, J., granting summary judgment for defendants, various New York welfare officials.1 Plaintiffs seek to invalidate...

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