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DALEY v. WEINBERGER

No. 75 C 306.

400 F.Supp. 1288 (1975)

Elizabeth DALEY, M.D., Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al., Defendants.

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

October 3, 1975.

Attorney(s) appearing for the Case

Rothblatt, Rothblatt, Seijas & Peskin, by Henry B. Rothblatt, Jon G. Rothblatt, New York City, for plaintiff.

David G. Trager, U. S. Atty. E.D.N. Y., by Cyril Hyman, Asst. U. S. Atty., Brooklyn, N.Y., for defendants.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff Elizabeth Daley, a licensed physician practicing in New York City, brought this action under 28 U.S.C. §§ 1331 and 1337 seeking declaratory and injunctive relief aimed at preventing defendants (hereinafter "FDA") from any further attempts to conduct an inspection of her office. The case is now before the court on FDA's motion to dismiss the complaint or in the alternative for summary judgment...

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