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C.D.R. ENTERPRISES, LTD. v. BD. OF ED. OF CITY OF N. Y.

Nos. 75 C 1172, 75 C 1411.

412 F.Supp. 1164 (1976)

C.D.R. ENTERPRISES, LTD., et al., Plaintiffs, v. The BOARD OF EDUCATION OF the CITY OF NEW YORK, Defendant. ULYSEUS C. PAINTING & G. C. CORP. et al., Plaintiffs, v. Bernard J. LAKRITZ as Director of the Bureau of Maintenance and Operation of the Division of School Buildings of the Board of Education of the City of New York, et al., Defendants.

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

March 24, 1976.

Attorney(s) appearing for the Case

Morris Weissberg, New York City, Setiri Spiro Sotiriou, Long Island City, N. Y., for plaintiffs.

W. Bernard Richland, Corp. Counsel of New York City, by Thos. C. Greble, Asst. Corp. Counsel, for New York City defendants; Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., by Judith Gordon, Asst. Atty. Gen., New York City, pro se in No. 75 C 1172 and for defendants Carey Lefkowitz and Levine in No. 75 C 1411.

Before GURFEIN, Circuit Judge, and NEAHER and PLATT, District Judges.

GURFEIN, Circuit Judge:

These two actions involve challenges to the constitutionality of Section 222 of the New York Labor Law, which provides that in the construction of public works, preference in employment must be given to citizens of the State of New York who have resided in New York for at least twelve months.

Until August 9, 1975, § 222 provided that in the construction of public works by the state...

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