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MARBLEY v. BANE

No. 1029, Docket 94-7822.

57 F.3d 224 (1995)

George MARBLEY; Katie McClain; and Ellen Beauregard, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Mary Jo BANE, Individually and as Commissioner of the New York State Department of Social Services; James P. McCaffrey, as Commissioner of the Albany County Department of Social Services; and Ora Langdon, as Commissioner of the Franklin County Department of Social Services, on behalf of themselves and all other county commissioners of Social Services Districts within the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 15, 1995.

Attorney(s) appearing for the Case

Gerald A. Norlander, Albany, NY (B. Robert Piller, Charles J. Brennan, Public Utility Project of New York, Inc., of counsel), for plaintiffs-appellants.

Frank K. Walsh, Asst. Atty. Gen., Albany, NY (G. Oliver Koppell, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., of counsel), for defendants-appellees.

Before: WALKER, JACOBS, and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge:

The plaintiffs represent a class of New Yorkers living in federally-subsidized housing who seek an allotment (or a greater allotment) from funds block-granted by the federal government to the State of New York to subsidize the heating costs of low-income individuals. The named defendants are Mary Jo Bane, sued individually and as the Commissioner of the New York State Department of Social Services (the...

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