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BLACK v. BEAME

No. 638, Docket 76-7478.

550 F.2d 815 (1977)

Randall BLACK et al., Plaintiffs-Appellants, v. Abraham BEAME, Individually and as Mayor of the City of New York et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 24, 1977.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, New York City, Children's Rights Project, New York Civil Liberties Union (Steven R. Shapiro, New York City, on the brief), for plaintiffs-appellants.

Carolyn E. Demarest, New York City (W. Bernard Richland, Corp. Counsel for the City of New York and L. Kevin Sheridan, New York City, on the brief), for Municipal defendant appellees except Christian and Reichardt.

Mark C. Rutzick, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for State defendants-appellees.

Jeanne Hollingsworth, New York City (Edward W. Norton, Gen. Counsel, New York City Housing Authority, New York City, on the brief), for defendant-appellees Joseph J. Christian and John J. Reichardt.

Alfred E. Schretter, New York City (Davis, Polk & Wardwell and Richard E. Nolan, Thomas J. Aquilino, Jr. and Jon Yard Arnason, New York City, on the brief), for defendant-appellee Monsignor Edmund F. Fogarty.

Before LUMBARD and TIMBERS, Circuit Judges, and KNAPP, District Judge.

LUMBARD, Circuit Judge:

This is an appeal from an order by Judge Milton Pollack of the Southern District dismissing plaintiffs' complaint on its face. Plaintiffs are nine brothers and sisters who allege that city and state welfare officials have not been making a conscientious effort to keep their family together, and that this violates the fourteenth amendment and the Social Security Act. We affirm on the ground that plaintiffs have failed to state a claim upon which...

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