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NEW YORK STATE RESTAURANT ASS'N v. BD. OF HEALTH

No. 08 Civ. 1000(RJH).

545 F.Supp.2d 363 (2008)

NEW YORK STATE RESTAURANT ASSOCIATION, Plaintiff, v. NEW YORK CITY BOARD OF HEALTH, et al., Defendants.

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

April 18, 2008.

Attorney(s) appearing for the Case

Kent A. Yalowitz, Nancy Gordon Milburn, Peter L. Zimroth, Arnold & Porter, LLP, New York, NY, for Plaintiff.

Mark W. Muschenheim, NYC Law Department, Office of the Corporation Counsel, Brian Lewis Bromberg, Bromberg Law Office, P.C., New York, NY, Deepak Gupta, Public Citizen Litigation Group, Washington, DC, Stephen Henry Gardner, Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

On April 16, 2008, this Court denied plaintiff New York State Restaurant Association's motion for a declaratory judgment and a preliminary injunction against the enforcement of New York City Health Code Section 81.50 ("Regulation 81.50"). See N.Y. State Rest. Ass'n v. New York City Bd. of Health, No. 08 Civ. 1000, 2008 WL 1752455 (S.D.N.Y. Apr. 16, 2008) (opinion and order denying...

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