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TAMBE v. BOWEN

Nos. 600, 601, Dockets 87-6212, 87-6214.

839 F.2d 108 (1988)

Ronald and Linda TAMBE, Individually and on behalf of all others similarly situated, Appellees, v. Otis R. BOWEN, as Secretary of the United States Department of Health and Human Services, Cesar Perales, as Commissioner of the New York State Department of Social Services, and W. Burton Richardson, as Director of the Monroe County Department of Social Services, Defendants, Otis R. BOWEN, as Secretary of the United States Department of Health and Human Services, Cesar Perales, as Commissioner of the New York State Department of Social Services, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 12, 1988.

Attorney(s) appearing for the Case

Al J. Daniel, Jr., Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., and William Kanter, Washington, D.C.; Roger P. Williams, U.S. Atty., Buffalo, N.Y., on the brief), for appellant Bowen.

Alan W. Rubenstein, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., and William J. Kogan, Asst. Sol. Gen., Albany, N.Y., on the brief), for appellant Com'r of New York State Dept. of Social Services.

Bryan D. Hetherington, Rochester, N.Y. (Edwin J. Lopez-Soto, and Leanna H. Gipson, Rochester, N.Y., on the brief), for appellees.

Before TIMBERS, KEARSE and PIERCE, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants Otis R. Bowen, Secretary of Health & Human Services, and Cesar Perales, Commissioner of the New York State Department of Social Services ("appellants"), appeal from a judgment entered June 23, 1987 in the Western District of New York, Michael A. Telesca, District Judge, 662 F.Supp. 939, granting the crossmotion for summary judgment of appellees Ronald...

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