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FRIEDLANDER v. CIMINO

No. 73 Civ. 2276.

385 F.Supp. 1357 (1974)

Daniel FRIEDLANDER et al., Plaintiffs, v. Joseph CIMINO, M.D., Individually and as Commissioner of the Department of Health of the City of New York, et al., Defendants.

United States District Court, S. D. New York.

December 2, 1974.

Attorney(s) appearing for the Case

Rothblatt, Rothblatt, Seijas & Peskin, by Henry Rothblatt, New York City, for plaintiffs.

Adrian P. Burke, Corp. Counsel, New York City, for municipal defendants; David W. Fisher, Edward P. Walla, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for state defendants; David Spiegel, Jerold Probst, Asst. Attys. Gen., of counsel.

Paul J. Curran, U. S. Atty., S. D. N. Y., for defendants Weinberger and Dept. of Health, Education and Welfare; Gregory J. Potter, Asst. U. S. Atty., of counsel.

MEMORANDUM

BONSAL, District Judge.

Plaintiffs, suing as a class, allege that they are nonphysician self-employed clinical laboratory directors in the City and State of New York. They claim that their rights under the Fifth and Thirteenth Amendments and the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution have been violated because they are required by State law, and within New York City by corresponding...

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