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GAY MEN'S HEALTH CRISIS v. SULLIVAN

88 Civ. 7482 (SWK).

792 F.Supp. 278 (1992)

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.

May 11, 1992.

Attorney(s) appearing for the Case

Center for Constitutional Rights by David Cole, Robert Abrams, Atty. Gen. by Joel Graber, Asst. Atty. Gen., American Civil Liberties Union Foundation by Ruth E. Harlow, Nan D. Hunter, William B. Rubenstein, New York City, for plaintiffs.

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

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

This action challenges the constitutionality of certain guidelines applicable to Centers for Disease Control (the "CDC") grants for educational materials related to Acquired Immunodeficiency Syndrome ("AIDS"). Plaintiffs and defendants are presently before the Court for the second time on motions to dismiss and cross-motions for summary judgment, following defendants' revision of the original restrictions...

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