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UNITED FOOD AND COMMER. WORKERS UNIONS AND FOOD EMPLOYEES BENEFIT FUND v. DEBUONO

No. 98-CV-459 (LEK/DRH).

101 F.Supp.2d 74 (2000)

UNITED FOOD AND COMMERCIAL WORKERS UNIONS AND FOOD EMPLOYEES BENEFIT FUND, Plaintiff, v. Barbara A. DEBUONO, Individually and as Commissioner of Health of the State of New York; and Does 1 through 20, Defendants.

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

March 29, 2000.

Attorney(s) appearing for the Case

Blitman & King, LLP, Syracuse, NY (James R. LaVaute, Harry B. Bronson, of counsel), Schwartz, Steinsapir, Dohrmann & Sommers, LLP, Los Angeles, CA (William T. Payne, of counsel), for the plaintiff.

Hon. Eliot L. Spitzer, Attorney General of the State of New York, Litigation Bureau, Albany, NY (James B. McGowan, Assistant Attorney General, of counsel), for the defendants.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Plaintiff, United Food and Commercial Workers Unions and Food Employees Benefit Fund ("Fund"), argues that New York's surcharge system under the Health Care Reform Act ("HCRA") violates the Commerce and Due Process Clauses of the United States Constitution and is actionable pursuant to 42 U.S.C. § 1983.

I. BACKGROUND

Plaintiff Fund is headquartered in Cypress, California and...

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