Davis ex rel. Gray v. Smith

TIMBERS, Circuit Judge:

We have before us cross-appeals from a judgment entered May 10, 1977 in the Southern District of New York, Charles H. Tenney, District Judge, 431 F.Supp. 1206. On defendants’ appeal the question presented is whether the district court correctly enjoined implementation of two regulations of the New York State Department of Social Services to the extent they are inconsistent with the Social Security Act. On plaintiffs’ cross-appeal the question presented is whether the district court correctly denied plaintiffs’ motion for class action certification for the reasons that…