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  5. 733 F.Supp. 619 (1989)
 

GAY MEN'S HEALTH CRISIS v. SULLIVAN

No. 88 Civ. 7482 (SWK).

733 F.Supp. 619 (1989)

GAY MEN'S HEALTH CRISIS, Hetrick Martin Institute, Horizons Community Services, San Antonio Tavern Guild Aids Foundation, The Fund for Human Dignity, and The State of New York and the New York State Department of Health, Plaintiffs, v. Dr. Louis SULLIVAN or his Successor, Secretary of Health and Human Services; and James O. Mason or his Successor, Director of the U.S. Centers for Disease Control, Defendants.

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

December 14, 1989.

Attorney(s) appearing for the Case

American Civil Liberties Union Foundation by Nan D. Hunter, Judith Levin, William B. Rubenstein, Center for Constitutional Rights by David Cole, Robert Abrams, Atty. Gen. of the State of N.Y. by Debra Marcus, Florence Wiener, Judith Kramer, New York City, for plaintiffs.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. by Steven C. Bennett, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

This action was brought by several organizational and governmental plaintiffs involved in the education of homosexual men and other persons about Acquired Immuno-deficiency Syndrome ("AIDS"). Plaintiffs, seeking declaratory and injunctive relief, challenge the constitutionality of statutory and agency restrictions on federally-funded AIDS education materials and activities. Defendants have moved for dismissal...

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