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METPATH INC. v. IMPERATO

No. 78 Civ. 1016 (JMC).

450 F.Supp. 115 (1978)

METPATH INC., Plaintiff, v. Pascal IMPERATO, M.D., as Commissioner of the Department of Health of the City of New York and Chairman of the Board of Health of the City of New York, the Department of Health of the City of New York, and the Board of Health of the City of New York, Defendants.

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

April 17, 1978.

Attorney(s) appearing for the Case

Marshall, Bratter, Greene, Allison & Tucker, New York City (Charles H. Miller, Michael L. Hirschfeld, Terri E. Simon, New York City, of counsel), and Gary J. Cohan, Metpath Inc., Hackensack, N. J., for plaintiff.

Allen G. Schwartz, Corp. Counsel of the City of New York, New York City (Milton Weinberg, Asst. Corp. Counsel, New York City, of counsel), for defendants.

OPINION

CANNELLA, District Judge.

After a bench trial, advanced and consolidated with the hearing on plaintiff's application for a preliminary injunction, the Court declares unconstitutional New York City Health Code § 13.21(h) ["the regulation"] and enjoins defendants from enforcing the ban on advertising by clinical laboratories contained in that regulation.1

Jurisdiction is based upon the Civil Rights Act, 42...

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