ELLIS v. BLUM

No. 354, Docket 80-6133.

643 F.2d 68 (1981)

Catherine ELLIS, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Barbara BLUM, individually and in her capacity as Commissioner of the New York State Department of Social Services, Sidney Houben, individually and in his capacity as Director of the Bureau of Disability Determinations of the New York State Department of Social Services, H. Williams, individually and in her capacity as Disability Analyst/Specialist of the Bureau of Disability Determinations of the Department of Social Services, and Patricia Harris, in her capacity as Secretary of the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 18, 1981.


Attorney(s) appearing for the Case

Martin A. Schwartz, White Plains, N. Y. (Westchester Legal Services, Inc., White Plains, N. Y., Judith A. Kaufman, New York City, of counsel), for plaintiffs-appellants.

Nancy E. Friedman, Asst. U. S. Atty., S. D. New York, New York City (John S. Martin, Jr., U. S. Atty., S. D. New York, Peter C. Salerno, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees.

Before FRIENDLY, MANSFIELD and MESKILL, Circuit Judges.


FRIENDLY, Circuit Judge:

As argued to us, this appeal from an order of the District Court for the Southern District of New York dismissing plaintiff's amended complaint for want of jurisdiction presented a veritable nightmare of jurisdictional and mootness problems. While the case was under advisement, Congress passed and the President signed the Federal Question Jurisdictional Amendments Act of 1980, 94 Stat. 2369, abolishing the amount-in-controversy requirement...

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