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SHARROCK v. HARRIS

No. 78 Civ. 2412 (GLG).

473 F.Supp. 1173 (1979)

Cheryl SHARROCK, on behalf of herself and all others similarly situated, Plaintiffs, v. Patricia HARRIS, in her capacity as Secretary of the United States Department of Housing and Urban Development, the Peekskill Housing Authority, Cyrus A. Bleakley, Individually and as Chairman of the Members of the Peekskill Housing Authority, M. George Habeeb, Individually and as Housing Manager of the Peekskill Housing Authority, Defendants.

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

July 13, 1979.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc., Peekskill, N. Y., for plaintiffs by John T. Hand, Martin A. Schwartz, White Plains, N. Y., Judith A. Kaufman, Peekskill, N. Y., Andrew L. Levy, White Plains, N. Y., of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for defendant Patricia Harris by Richard N. Papper, Asst. U. S. Atty., New York City, of counsel.

OPINION

GOETTEL, District Judge.

Defendant Patricia Harris, in her official capacity as Secretary of the United States Department of Housing and Urban Development ("HUD"), has moved to dismiss the complaint as against her, asserting that this Court lacks subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). The plaintiff, in a separate motion, has moved under Fed.R. Civ.P. 23 for class certification of the action against all defendants.

The plaintiff...

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