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FULLILOVE v. KREPS

No. 77 Civ. 5786 (HFW).

443 F.Supp. 253 (1977)

H. Earl FULLILOVE, Fred Munder, Jeremiah Burns, Joseph Clarke, Gerard A. Neuman, William C. Finneran, Jr., Peter J. Brennan, Thomas Clarkson, Conrad Olsen, Joseph DeVitta, as Trustees of the New York Building and Construction Industry Board of Urban Affairs Fund, Arthur Gaffney as President of the Building Trades Employers Association, General Contractors Association of New York, Inc., General Building Contractors of New York State, Inc., and Shore Air-Conditioning Co., Inc., Plaintiffs, v. Juanita KREPS, Secretary of Commerce of the United States of America, the State of New York, the City of New York, Board of Higher Education and Board of Education of the City of New York and Health and Hospitals Corporation, Defendants.

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

December 19, 1977.

Attorney(s) appearing for the Case

Berman, Paley, Goldstein & Berman, New York City, Doran, Colleran, O'Hara & Dunne, Garden City, N. Y., French, Fink, Markle & McCallion, New York City, for plaintiffs; Robert G. Benisch, New York City, Robert A. Kennedy, Stephen J. Smirti, Jr., Garden City, N. Y., Robert J. Fink, New York City, of counsel.

Louis J. Lefkowitz, New York State Atty. Gen., State of New York, New York City, for defendant; Dominick J. Tuminaro, Arnold Fleischer, Asst. Attys. Gen., New York City, of counsel.

W. Bernard Richland, Corp. Counsel, City of New York, New York City, for defendants City of N. Y. and Bd. of Ed.; Theodore Gilbert, Nathan Ratner, Ellen Kramer Sawyer, Hadley W. Gold, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City by Mary C. Daly, Gaines Gwathmey, III, Gerald Hartman, Dept. of Justice, Washington, D.C., for defendant Secretary of Commerce.

MEMORANDUM DECISION

WERKER, District Judge.

The plaintiffs in this civil rights action, several associations of construction contractors and subcontractors and a firm engaged in heating, ventilation and air conditioning work, by order to show cause seek declaratory and injunctive relief to prevent the Secretary of Commerce, as the program administrator, and the remaining defendants, as potential project grantees, from enforcing section 103(f)(2) of the Public...

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