Legal Opinion

Chirillo v. Lehman

District Court, S.D. New York

Decided December 21, 1940PublishedCited by 6 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This is a suit in equity to restrain, on constitutional grounds, enforcement against the plaintiffs of section 71 of the Public Welfare Law of the state of New York, Consol.Laws, c. 42. This section, which is printed in the margin, 1 provides for the compulsory removal of any person who is cared for at the expense of any public welfare district if he “belongs to” another state and if, in the judgment of the state department of social welfare, his removal to such state will promote his welfare and the interests of the state of New York. The plaintiffs are Mr. and Mrs.…

2Cases cited5 opinions

  1. American Surety Co. v. BaldwinSupreme Court of the United States · 1932
  2. Davega-City Radio, Inc. v. BolandDistrict Court, S.D. New York · 1938
  3. Ritholz v. North Carolina State Board of Examiners in OptometryDistrict Court, M.D. North Carolina · 1937
  4. Matter of ChirilloNew York Court of Appeals · 1940
  5. Baker Driveaway Co. v. HamiltonDistrict Court, M.D. Pennsylvania · 1939

3Cited by6 opinions

  1. Deane Hill Country Club, Inc. v. City of Knoxville and George F. McCanless Attorney General of TennesseeCourt of Appeals for the Sixth Circuit · 1967
  2. Dawn Elaine Brown, by and Through Gayle (Brown) Marden, as Her Mother and Next Friend, Cross v. Dixie Herlong Chastain, CrossCourt of Appeals for the Fifth Circuit · 1969
  3. Omri E. Daniels, Jr., Barge Hiskey and Bentley M. McMullin v. C. Sewell ThomasCourt of Appeals for the Tenth Circuit · 1955
  4. Olson v. Board of Ed. of U. Free Sch. Dist. No. 12, Malverne, NYDistrict Court, E.D. New York · 1966
  5. Wilke & Holzheiser, Inc. v. ReimelDistrict Court, N.D. California · 1967

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