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FRIEDMAN v. BERGER

No. 75 Civ. 6485.

409 F.Supp. 1225 (1976)

Ruth FRIEDMAN et al., v. Stephen BERGER, Individually and as Commissioner of the New York State Department of Social Services, et al., Defendants.

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

March 17, 1976.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn Legal Services Corp. B, Brooklyn, N.Y., for plaintiffs; John M. Fredenburg, Los Angeles, Cal., National Health Law Program, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants Stephen Berger and New York State Dept. of Soc. Serv.; Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel.

WYATT, District Judge.

This is a motion by plaintiffs for an order (a) "certifying" (determining) that this action may be maintained as a class action (Fed.R.Civ.P. 23(c)(1)) and (b) granting a preliminary injunction restraining the alleged unlawful enforcement of Section 360.5(e) of Title 18 of the official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).

1.

In 1965, Congress added a new Title XIX to the Social Security...

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