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SCHNEIDER v. WHALEY

No. 1372, Docket 76-7306.

541 F.2d 916 (1976)

Pamela SCHNEIDER et al., Plaintiffs-Appellees-Cross-Appellants, v. Betti S. WHALEY, Individually and as Commissioner of the Agency for Child Development of the City of New York, et al., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 20, 1976.

On Rehearing December 22, 1976.

Attorney(s) appearing for the Case

Lewis R. Friedman, New York City (Pollack & Kaminsky, Richard M. Asche and Martin I. Kaminsky, Litman, Friedman & Kaufman, Jack T. Litman, New York City, of counsel), for plaintiffs-appellees-cross-appellants.

Rosemary Carroll, New York City (W. Bernard Richland, Corp. Counsel, Leonard Koerner and Joseph F. Bruno, New York City, of counsel), for municipal-defendants-appellants.

Mark C. Rutzick, New York City (Louis J. Lefkowitz, Atty. Gen. of State of N.Y., Irving Galt, New York City, of counsel), for defendant-appellant Philip Toia.

Before WATERMAN and MESKILL, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Plaintiffs, whose children attend day care centers funded under Title XX of the Social Security Act (42 U.S.C. §§ 1397 et seq.), pursuant to the New York State plan, N.Y. Social Services Law § 410-a (McKinney 1972), appeal on behalf of themselves and their minor children and all others similarly situated from an order of the United States District Court for the Southern District of New York (Cannella, J.) granting plaintiffs...

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