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RENT STABILIZATION ASS'N v. DINKINS

No. 1259, Docket 92-9240.

5 F.3d 591 (1993)

RENT STABILIZATION ASSOCIATION OF the CITY OF NEW YORK, on behalf of its members, Plaintiff-Appellant, v. David N. DINKINS, as Mayor of the City of New York, City of New York, Aston L. Glaves, as Chairman of the Rent Guidelines Board, Joseph L. Forstadt, Oda Friedheim, Ellen Gesmer, Galen Kirkland, Harold Lubell, Victor Marrero, Agustin Rivera, and Janice Robinson, as members of the Rent Guidelines Board, Angelo Aponte, as Commissioner of the NYS Division of Housing & Community Renewal, and Elliot Sander, as Deputy Commissioner for Rent Administration of the NYS Division of Housing & Community Renewal, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 1, 1993.

As Amended October 21, 1993.

Attorney(s) appearing for the Case

Jonathan E. Polonsky, New York City (Thomas P. Higgins, Thelen, Marrin, Johnson & Bridges, Law Offices of Susan M. Standish, of counsel), for plaintiff-appellant.

Alan G. Krams, Asst. Corp. Counsel of the City of New York, New York City (O. Peter Sherwood, Corp. Counsel of the City of New York, Barry P. Schwartz, Julian Bazel, Asst. Corp. Counsels, City of New York, of counsel), for Municipal defendants-appellees.

Marilyn T. Trautfield, Asst. Atty. Gen., State of N.Y. New York City (Robert Abrams, Atty. Gen. of the State of N.Y., of counsel), for State defendants-appellees.

Before TIMBERS, MESKILL and PRATT, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal brought by appellant Rent Stabilization Association of the City of New York (RSA) from a judgment entered in the United States District Court for the Southern District of New York, Stanton, J., dismissing the action on the ground that the complaint fails to state a claim upon which relief may be granted. The RSA, on behalf of its members, seeks declaratory and injunctive relief from New York City's rent stabilization scheme...

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