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N. L. R. B. v. STATE OF N. Y.

No. 76 C 1656.

436 F.Supp. 335 (1977)

NATIONAL LABOR RELATIONS BOARD, Plaintiff, v. STATE OF NEW YORK, Louis J. Lefkowitz, as Attorney General of the State of New York, and Robert P. Whalen, M.D., as Commissioner of Health of the State of New York, Defendants.

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

August 22, 1977.

Attorney(s) appearing for the Case

John S. Irving, Gen. Counsel, N.L.R.B., by Janet C. McCaa, and Margery E. Lieber, Washington, D. C., and Harold L. Richman, Regional Atty., Region 29, N.L.R.B., Brooklyn, N.Y. for plaintiff.

Louis J. Lefkowitz, Atty. Gen., by Allan N. Smiley, and Jesse P. Reisner, New York City, for defendants.

NEAHER, District Judge.

The issue in this case is whether the National Labor Relations Act ("NLRA"), as amended in 1974, preempts State authority to act in regard to labor relations in the hospital and nursing home field and thus requires this court to enjoin the further enforcement of State orders which have prohibited and restrained organized employees of nursing homes in Nassau and Suffolk Counties from exercising their right to strike.

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