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LEONARD v. DUTCHESS CTY. DEPT. OF HEALTH

No. 99 Civ. 11886 WCC.

105 F.Supp.2d 258 (2000)

Michael J. LEONARD; J-Len, Inc. d/b/a Greenbaum & Gilhooley's; Pangregorian Enterprises, Inc.; Poughkeepsie River District Business Association, Inc.; C's Inc. d/b/a C's Restaurant & Lounge; Inc. d/b/a The New Poughkeepsie Diner; Charlie's Too, Inc. d/b/a Charlie's Too; Ford's Restaurant & Tavern Assoc., Inc. d/b/a Gene 1900 Restaurant; T.J.M. Restaurant Corp. d/b/a Hobnobbin' Pub; R.L.W.S., Inc. d/b/a Spanky's Restaurant; Gentleman Jim's Restaurant, Inc. d/b/a Gentleman Jim's; Edwin D. Beck, Inc. d/b/a Easy Street Restaurant; KSC of Dutchess, Inc. d/b/a Goodfella's Inn; Pawling Tavern, Inc. d/b/a Pawling Tavern; Cornerstone Restaurant, Inc. d/b/a Cornerstone Restaurant; Southern Dutchess Bowl, Inc. d/b/a Southern Dutchess Bowl; Taft Avenue Lanes, Inc. d/b/a Hoe-Bowl Family Recreation Centers; Elizabeth Castiglia; and National Smokers Alliance, Plaintiffs, v. The DUTCHESS COUNTY DEPARTMENT OF HEALTH, Michael C. Caldwell, Commissioner, Dutchess County Board of Health, Anne E. Dyson, Helen Fuimarello, Joy Godin, Suzanne Horn, Raymond Koloski, Peter J. Leadley, Harry J. Lynch, Lila Matlin and Ralph Middleton, In Their Official Capacities as Members of the Dutchess County Department of Health, Defendants.

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

July 11, 2000.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Buffalo, New York, John M. Curran, William P. Keefer, of counsel, for plaintiffs.

Bleakley Platt & Schmidt, LLP, White Plains, New York, Timothy P. Coon, of counsel, for defendants.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiffs herein, restauranteurs, owners of bowling centers and members of the National Smokers' Alliance, bring the instant action for declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201, 2202 and for attorney's fees pursuant to 42 U.S.C. § 1988 against the Dutchess County Department of Health; its commissioner, Michael...

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