BURTON

v.

NEW YORK

Citator

Cited By

• Rothstein v. Wyman, 467 F.2d 226 (2d Cir. 1972)
  …gram unless and until it raised the upstate levels of assistance in accordance with the New York City [*233] schedule. 322 F.Supp. 1173. We affirmed that decision in all respects, 437 F. 2d 619, and the Supreme Court did the same in summary fashion. 402 U.S. 991, 91 S.Ct. 2169, 29 L.Ed.2d 157 (1971). What is of present relevance in this later history of Rosado v. Wyman is the disposition made by the District Court of a request by plaintiffs on remand that the court’s equity powers be exercised to compel th…

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• Taylor v. Safeway Stores, 524 F.2d 263 (10th Cir. 1975)
  …by two Safeway employees in the EEOC report was found as sufficient to meet the preliminary burden on the typicality requirement. . See, e. g., Rosado v. Wyman, E.D.N.Y., 322 F.Supp. 1173, 1193, aff’d on other grounds, 2 Cir., 437 F. 2d 619, aff’d, 402 U.S. 991, 91 S.Ct. 2169, 29 L.Ed.2d 157 (the typicality requirement was “designed to buttress the fair representation requirement in Rule 23(a)(4)”); Cohen v. District of Columbia National Bank, D.D.C., 59 F.R.D. 84, 89 (typicality is satisfied when there is…
• Horton v. Goose Creek Indep. Sch. Dist., 690 F.2d 470 (5th Cir. 1982)
  …ave been content simply to observe that unanimity can never be achieved in large classes and have proceeded on that basis to certify a class. See Rosado v. Wyman, 322 F.Supp. 1173, 1193-94 (E.D.N.Y.), aff’d, 437 F. 2d 619 (2d Cir. 1970), aff’d mem., 402 U.S. 991, 91 S.Ct. 2169, 29 L.Ed.2d 157 (1971). Yet there is good authority for denying class certification on the basis of significant disagreement within the class. See, e.g., East Texas Motor Freight System, supra, 431 U.S. 395, 405, 97 S.Ct. 1891, 1897…

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