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CONRAD v. PERALES

No. CIV-91-846C.

818 F.Supp. 559 (1993)

Kenneth CONRAD; Alice Lisman, on behalf of the Estate of Gladys Vail; Olga Belote, on behalf of the Estate of Harold Belote; and all others similarly situated, Plaintiffs, v. Cesar PERALES, individually and as State Commissioner of the New York State Department of Social Services; New York Association of Homes and Services for the Aging, Inc.; New York State Health Facilities Association, Inc.; and Hospital Association of New York State, Inc., Defendants.

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

April 6, 1993.

Attorney(s) appearing for the Case

Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc. (Anthony Szczygiel, of counsel), Buffalo, NY, for plaintiffs.

Sherrin & Glasel (Jeffrey J. Sherrin, of counsel), Albany, NY, for defendants.

BACKGROUND

CURTIN, District Judge.

The primary issue in this motion to dismiss is whether trade associations invited by the State to help formulate a policy can be liable for civil rights violations if the policy deprives persons of their constitutional rights and benefits the clients of the associations. Plaintiffs Kenneth Conrad, et. al., are or are acting on behalf of Medicare patients at skilled nursing facilities in New York State who qualified...

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