Bernstein v. Herren

FRANK, Circuit Judge.

The facts here, set forth fully in opinions by Judge Edelstein, 136 F.Supp. 493 (denying a request for a preliminary injunction by plaintiffs and a motion to dismiss by defendant) and Judge Ryan, D.C.S.D.N.Y. 141 F.Supp. 78 (granting defendant’s motion for summary judgment dismissing the complaint), are similar to those in Schustack v. Herren, 2 Cir., 234 F.2d 134, and has been considered by us as a companion case. Plaintiffs here, as in Sehustack, seek declaratory and injunctive relief concerning the legality of the proposed determination by subordinates (members of the…