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GRAHAM v. STATE OF N.Y., DEPT. OF CIVIL SERVICE

No. 956, Docket 89-9119.

907 F.2d 324 (1990)

Adele GRAHAM and Tamaara Danish, individually and as representatives of a class of persons similarly situated, Plaintiffs-Appellants, v. STATE OF NEW YORK, DEPARTMENT OF CIVIL SERVICE; Edward V. Regan, as Comptroller of the State of New York; Mario Cuomo, as Governor of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1990.

Attorney(s) appearing for the Case

James I. Meyerson, New York City (Adele Graham, Santa Fe, N.M., of counsel), for plaintiffs-appellants.

Nancy M. Lerner, New York City, Asst. Atty. Gen. of the State of New York (Robert Abrams, Atty. Gen. of the State of New York, O. Peter Sherwood, Sol. Gen., Ellen J. Fried, Asst. Atty. Gen., of Counsel), for defendants-appellees.

Before KAUFMAN, FEINBERG and WALKER, Circuit Judges.

WALKER, Circuit Judge:

Plaintiff Adele Graham on behalf of herself and a proposed class of female employees of the State of New York who retired prior to August 1, 1983, appeal from a judgment entered in the United States District Court for the Southern District of New York (Conner, J.) dismissing their claim for retroactive relief in their suit challenging the State's use of sex-based actuarial tables to determine monthly credits toward the cost of retirees' health...

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