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LAVENDER-CABELLERO v. DEPT. OF CONSUMER AFF., ETC.

No. 77 Civ. 6201 (RWS).

458 F.Supp. 213 (1978)

Carlos R. LAVENDER-CABELLERO, Individually and on behalf of all others similarly situated, Plaintiff, v. DEPARTMENT OF CONSUMER AFFAIRS OF the CITY OF NEW YORK, Elinor G. Guggenheimer, Individually and in her capacity as Commissioner and chief executive officer of the Department of Consumer Affairs of the City of New York, and her successors in office, et al., Defendants.

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

October 24, 1978.

Attorney(s) appearing for the Case

Steven Savner, Isabelle Katz Pinzler, New York City, for plaintiff National Employment Law Project, Inc.

Allen G. Schwartz, Corp. Counsel, New York City, for defendant, by Angelo Aiosa, New York City, of counsel.

OPINION

SWEET, District Judge.

Defendants here seek dismissal, pursuant to Rule 12(b), Fed.R.Civ.P., (i) of plaintiff's claims premised on Title VII of the Civil Rights Act of 1964, (ii) of plaintiff's claims under the Fourteenth Amendment and (iii) of certain of the defendants upon grounds of insufficiency of service of process. For the reasons set forth below, the motions to dismiss certain defendants for insufficiency of process and to dismiss the Title...

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