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HEANEY v. ALLEN

No. 68-C-1222.

299 F.Supp. 1300 (1969)

Walter W. D. HEANEY, James J. Barile, Frank P. Mechler, B. L. Black, Reginald Gold and Barry Markson, Plaintiffs, v. James E. ALLEN, Commissioner of Education of the State of New York, Julius Dintenfass, Bernard Lewis, Mahlon Blake, C. Gorham Beckwith, John B. Long and Sam J. Piliero, constituting the State Board of Chiropractic Examiners, Howard J. Mosher, Secretary of the State Board of Chiropractic Examiners and Louis J. Lefkowitz, Attorney General of the State of New York, Defendants.

United States District Court E. D. New York.

May 5, 1969.

Attorney(s) appearing for the Case

Joseph Goldberg, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., of the State of New York for defendant Allen; Samuel A. Hirshowitz, First Asst. Atty. Gen., Hillel Hoffman, Asst. Atty. Gen., of counsel.

BARTELS, District Judge.

Plaintiffs bring this action on behalf of themselves and other chiropractors similarly situated, alleging the unconstitutionality of Article 132 of the New York State Education Law, McKinney's Consol.Laws, c. 16, and asserting jurisdiction of the Court under 28 U.S.C.A. §§ 1331, 2201, 2202, 2281 and 2284, and move to convene a three-judge court pursuant to 28 U.S.C.A. § 2281, to consider their application for (1) a declaratory...

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