1974-11-08; Filed
1974-11-08; Filed Memorandum #41415 motion granted Case allowing 17-2273, action Document to be maintained 71, 11/22/2017, as a 2179151, class action Page89 - of 215 certified 2017-07-24 doc 1 defendants do not contest the fact that the letter was n~ver published 1 the motion £or surr@ary judgment.is granted, and the State defendants are enjoined from enforcing the terms of the letter ttlithout meeting the 8/ necessary publication requirements. C. MOTION FOR PRELJ:t1emorandum and the State letter as to locallyadministered, public construction sites which receive federal or sta·te assistance as the case may be. D. FEDERAL DEFENDANTS 1 NOTIO:JS TO DISHISS The plain·tiffs move to dismiss for failure to by exha.ust the re.medy allegedly afforde0/ the January 1974 regulation. As indicated above in detail, we held in the companion case of Cit.y v. Diamond, S~J?r~-' that the Januar_y regulation of the Secx
1974-11-08; Filed Memorandum #41415 motion granted Case allowing 17-2273, action Document to be maintained 71, 11/22/2017, as a 2179151, class action Page90 - of 215 certified 2017-07-24 doc 1 For the reasons set forth above, the motions to dismiss are denied except as to the New York State Department of Labor. The motions for deter-mination of a class and for partial surnmary judgment are granted. The motion for preliminary relief is granted to the extent indicated. It is so ordered. Da·ted: New York, New York November 8, 1974. 3J .• 0672
