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AM. CAMPING ASS'N, INC. v. WHALEN

No. 78 Civ. 2676.

465 F.Supp. 327 (1978)

AMERICAN CAMPING ASSOCIATION, INC. and New Hampshire Camp Directors Association, Inc., Plaintiffs, v. Robert P. WHALEN, M.D., as Commissioner of the Department of Health of the State of New York, Irving Grossman, P.E., as Director of the Bureau of Housing & Recreation Sanitation in the Office of Public Health in the Department of Health of the State of New York, Howard B. Gates, III, P.E., as Chief of Camp & Recreation Division of the Bureau of Housing & Recreation Sanitation, Harry Carter, as Coordinator of Out-of-State Children's Camp Program of the Camp and Recreation Division of the Bureau of Housing & Recreation Sanitation, the Department of Health of the State of New York, the Office of Public Health of the Department of Health of the State of New York and Louis J. Lefkowitz, as Attorney General of the State of New York, Defendants.

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

December 19, 1978.

Attorney(s) appearing for the Case

Stolz, Goldfine & Stolz, by Samuel Gottlieb, Irving H. Stolz, Milton Shalleck, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., State of N. Y., by Ellen Marks, New York City, for defendants.

MEMORANDUM AND ORDER

OWEN, District Judge.

Plaintiffs American Camping Association ("ACA") and the New Hampshire Camp Directors Association, Inc. ("NHCDA") move, on constitutional grounds, for a preliminary injunction restraining enforcement of Article 14 of the New York State Public Health Law. Defendants oppose and move to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim.

Articles 13 and 14 of the Public...

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