Docket #99 page 640, US 2nd Circuit Court of Appeals appeal No. 17-2273, the Class certified in Percy v. Brennan, Federal District Court SDNY Case 73-cv-04279, reported at 384 F. Supp 800,

1974-11-08; Filed Memorandum #41415 motion granted
Case allowing 17-2273, action Document to be maintained 71, 11/22/2017, as a 2179151, class action Page89 - of 215
certified 2017-07-24 doc 1
defendants do not contest the fact that the letter
was n~ver published 1 the motion £or surr@ary judgment.is
granted, and the State defendants are enjoined from
enforcing the terms of the letter ttlithout meeting the
8/
necessary publication requirements.
C. MOTION FOR PRELJ:t1emorandum and the State letter as to locallyadministered,
public construction sites which receive
federal or sta·te assistance as the case may be.
D. FEDERAL DEFENDANTS 1 NOTIO:JS TO DISHISS
The plain·tiffs move to dismiss for failure to
by
exha.ust the re.medy allegedly afforde0/ the January 1974
regulation.
As indicated above in detail, we held in the
companion case of Cit.y v. Diamond, S~J?r~-'
that the
Januar_y regulation of the Secx