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SUTPHIN PHARMACY, INC. v. PERALES

No. 90 Civ. 7609 (WCC).

770 F.Supp. 168 (1991)

SUTPHIN PHARMACY, INC., et al., Plaintiffs, v. Cesar A. PERALES, Individually, and as Commissioner of New York State Department of Social Services, Defendant.

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

July 19, 1991.

Attorney(s) appearing for the Case

Wise, Lerman & Katz, P.C., New York City (Jerome I. Sager, Laurie Lombardo, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of State of N.Y., New York City (Robert J. Schack, Barbara P. Demchuk, Asst. Attys. Gen., of counsel), for defendant.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Plaintiffs Sutphin Pharmacy, Inc. ("Sutphin"), Columbus ("Columbus") and 103rd Street Drug, Inc. ("103rd Drug"), and Empire State Pharmaceutical Society, Inc. ("Empire") bring this action under 42 U.S.C. § 1983 for injunctive relief and damages against Cesar A. Perales, individually and as Commissioner of New York State Department of Social Services (the "Department"). Plaintiffs also seek to enjoin...

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