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ROSADO v. WYMAN, 395 U.S. 826 (1969)

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United States Supreme Court


No. 1539

Argued: Decided: June 23, 1969

No. 1539, certiorari before judgment denied; No. 1540, appeal dismissed.

[ Footnote * ] Together with No. 1540, Rosado et al. v. Wyman, Commissioner of Social Services for the State of New York, et al., on appeal from the United States District Court for the Eastern District of New York.

Carl Rachlin, Martin Garbus, James Spitzer, and Morton Friedman for petitioners in No. 1539 and appellants in No. 1540.

Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, Amy Juviler, Assistant Attorney General, and Philip Weinberg for respondents in No. 1539 and appellees in No. 1540.

Morris H. Schneider and Jack Goldberg for Barbaro et al., and Alan H. Levine, Eleanor Holmes Norton, Martin M. Berger, and Jerome Kretchmer for the American Civil Liberties Union et al., as amici curiae.


The motion of Joseph Barbaro et al. and American Civil Liberties Union et al. for leave to file briefs as amici curiae are granted. The motion to expedite review is denied.

The application to vacate the stays granted by the [395 U.S. 826, 827]   Court of Appeals on June 11, 1969, and June 19, 1969, of the injunctions of the District Court, presented to MR. JUSTICE BRENNAN, and by him referred to the Court, is denied.

The petition for a writ of certiorari before judgment in No. 1539 is denied. The appeal in No. 1540 is dismissed for want of jurisdiction. Mengelkoch v. Industrial Welfare Commission, 393 U.S. 83 (1968); Wilson v. Port Lavaca, 391 U.S. 352 (1968).

MR. JUSTICE DOUGLAS and MR. JUSTICE HARLAN took no part in the consideration or decision of these cases.

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