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POPULATION SERVICES INTERNATIONAL v. WILSON

No. 74 Civ. 1572.

383 F.Supp. 543 (1974)

POPULATION SERVICES INTERNATIONAL et al., Plaintiffs, v. Malcolm WILSON, Individually and as Governor of the State of New York, et al., Defendants.

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

October 23, 1974.

Attorney(s) appearing for the Case

Karpatkin, Ohrenstein & Pollet by Marvin M. Karpatkin and Michael N. Pollet, New York City, for plaintiffs.

Rena K. Uviller and Judith Mears, New York City, for American Civil Liberties Union Foundation, amicus curiae.

Louis J. Lefkowitz, Atty. Gen. of the State of New York by Arlene R. Silverman, New York City, for defendants.

OPINION AND ORDER

PIERCE, District Judge.

Plaintiffs in this action seek a judgment declaring Section 6811(8) of the McKinney's Consol.Laws, c. 16, Education Law of the State of New York to be unconstitutional as violative of the First, Fifth, Ninth, and Fourteenth Amendments to the United States Constitution, to the extent that the section is applied to non-prescription contraceptives. They also seek preliminary...

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