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LANGSTON v. LEVITT

No. 72 Civ. 1430.

425 F.Supp. 642 (1977)

Jesse O. LANGSTON et al., Plaintiffs, v. Arthur LEVITT, Individually and as Comptroller of the State of New York and Administrator of the New York State Employees Retirement System, Defendant.

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

January 7, 1977.

Attorney(s) appearing for the Case

Darrell Buchbinder, New York City, for plaintiffs.

Irving Malchman, pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendant; Judith A. Gordon, Mark C. Rutzick, Asst. Attys. Gen., New York City, of counsel.

Before VAN GRAAFEILAND, Circuit Judge, and GAGLIARDI and CARTER, District Judges.

GAGLIARDI, District Judge.

This is an action by employees of the Waterfront Commission of New York Harbor challenging the constitutionality of Sections 2(31)(2)1 and 41(k)2 of the New York State Retirement and Social Security Law (McKinney Supp.1975). These sections of the New York Law grant certain additional pension benefits to employees covered by the New York...

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