Wyman v. Rothstein, 398 U.S. 275 (1970)

Wyman v. Rothstein


No. 896


Argued April 27-28, 1970
Decided June 1, 1970
398 U.S. 275

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Appellees brought this suit challenging on equal protection and statutory grounds the disparity between payments under the state welfare law made to recipients in New York City and those made to recipients in cert lin suburban counties. The District Court issued a preliminary injunction, having found the disparity violative of equal protection.

Held: In the light of the subsequently decided case of Rosado v. Wyman, 397 U.S. 397, the District Court should have the opportunity to pass on the propriety of granting interim relief on the basis of appellees’ statutory claims or, if the question is reached, continuing the present injunction in light of the Court’s decision in Dandridge v. Williams, 397 U.S. 471.

303 F.Supp. 339, vacated and remanded.