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GIACALONE v. WEHNER

No. 04 Civ.10300(MGC).

387 F.Supp.2d 383 (2005)

Joseph GIACALONE, D.C., Charles Solano, D.C., Gysbertus Delage, Zoila Alty, Leanora Smith, and Pablo Diaz, Plaintiffs, v. David WEHNER, as Chairman of the New York State Workers' Compensation Board, and Gregory V. Serio, as Superintendent of the New York State Insurance Department, Defendants.

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

September 21, 2005.

Attorney(s) appearing for the Case

Law Offices of Mark Kressner by Mark Kressner, Bronx, NY, for Plaintiffs.

Eliot Spitzer, Attorney General of the State of New York by Lewis A. Polishook, Assistant Attorney General, New York City, for Defendants.

MEMORANDUM OPINION

CEDARBAUM, District Judge.

Two licensed chiropractors and four of their patients commenced this action against David Wehner, Chairman of the New York State Workers' Compensation Board, and Gregory Serio, Superintendent of the New York State Insurance Department. The complaint alleges that a fee schedule which sets the billing rates for the treatment of patients pursuant to New York's workers' compensation and no-fault insurance...

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