IN 'fHF~ UNI'I'ED STATES
IN 'fHF~ UNI'I'ED STATES DISTRICT COURT FOR THE SOUTHERl'~ DISTRICT OF NEW YORK ------------------------------------x ALBERT E"' PERCY, ~!:_ al. , Pla.intiffs, 1974-11-14; Filed Order to Show Cause by Pltffs Case 17-2273, for an order Document enjoining 71, 11/22/2017, defts ... ret 11-20-74- 2179151, Page95 of 215 certified 2017-10-06 doc 38 -against.- .BRENNt\N, ~t al. , Defendants. ------------------------------------x AFFIDAVIT IN SUPPORT OF APPLICATION FOR OEDE:RTn-S1f0wC'A\JSE AND INJUNCTION 73 Civ. 4279 (l>l.E.L.) DENNIS R. YEAGER, being duly sworn, deposes and says~ 1. He is an att.orney for. plaintiffs in this matter. 2. On ,July 24th, 1974, this Court entered an opinion City of New York v. Di_~~~-0-' 73 Civ, 5293, in which it dedared 29 C.F.R. §60-lA (39 Fed. Reg. 2365 [January 21, 1974] "Regulation") to be "invalid." 3. On November 8, 1971, this Court entered a Memorandum in this action i.n which, after findinq that there was no ne
1974-11-14; Filed Order to Show Cause by Pltffs Case 17-2273, for an order Document enjoining 71, 11/22/2017, defts ... ret 11-20-74- 2179151, Page96 of 215 certified 2017-10-06 doc 38 5. Plaintiffs have not previously sought the relief sought in the Order to Show Cause in support of which this affidavit is submitted. 6. This Mo·tion is brought on by Order to Show Cause because plaintiffs are clearly entitled to the relief requested under this Court's declaratory judgment in City of New York v. !?_~5E!c~:m~, 73 Civ. 5293, and its Hemorandum in this case and, upon information and belief, ·the Defendants United States Department of I,abor, Peter J. Brennan, Bernard DeLury and Phillip ,T. Davis are cont.inuing to enforce the Regulation. WHEREFORE deponent. respectfully request.s that this Court grant plaintiffs Order to Show Cause and Motion for an .injunction preventing further enforcement of the .invalid Regulation. Attorney for Plaintiffs Sworn to before m€l this 12th day of November, 1974 ~.J~ NO'l'ARY PUBLIC
