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DANDAMUDI v. TISCH

Docket No. 10-4397-cv.

686 F.3d 66 (2012)

Venkat Rao DANDAMUDI, Naveen Parupalli, Sunitha Talluri, Nareen Adusumelli, Jitendra Kumar Patel, Lavanya Akula, Hareen Karra, Holly Elizabeth Benoit, Yecham Kumaraswamy, Grace Chan, Herng Yih Lai, Jitendra Keshavlal Patel, Sumirkumar S. Talati, Sireesh K. Thummalapally, Kaichuan Yeh, Plaintiffs-Appellees, Vishnu Akula, Balaji Duddukuru, Murali Kothuri, Alanna Farrell, Consolidated Plaintiffs-Appellees, Lakshman Rao Paidi, Nitasha Khurana, Young Mee Lee, Xuan Uyen Nghiem, Sirisha Parupalli, Yvonne May Perry, Harinath Talampally, Ravi Kumar Chenna, Getu Nagasa, Phuong Giang, Ngoc Bui, Seong Mi Seo Kim, Krishna Kishore Inapuri, Plaintiffs, v. Merryl H. TISCH, Chancellor of the New York State Board of Regents, David Steiner, Commissioner of Education, Defendants-Appellants, Richard P. Mills, Commissioner of Education, New York State Department of Education, Robert M. Bennett, Chancellor of the New York State Board of Regents, New York State Board of Regents, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2012.

Attorney(s) appearing for the Case

Andrew B. Ayers, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Denise A. Hartman, Assistant Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendants-Appellants.

Margaret A. Catillaz (Jeffrey A. Wadsworth, on the brief), Harter Secrest & Emery LLP, Rochester, NY, for Plaintiff-Appellee Alanna Farrell.

Krishnan Chittur, Chittur & Associates, P.C., New York, NY, for remaining Plaintiffs-Appellees.

Before: WESLEY, HALL, Circuit Judges, UNDERHILL, District Judge.

WESLEY, Circuit Judge:

This case involves a state regulatory scheme that seeks to prohibit some legally admitted aliens from doing the very thing the federal government indicated they could do when they came to the United States — work. Plaintiffs-Appellees are a group of nonimmigrant aliens who have been authorized by the federal government to reside and work as pharmacists in the United States. All currently reside in New York and are licensed pharmacists...

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