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PLAZA HEALTH LABORATORIES, INC. v. PERALES

No. 1102, Docket 89-7146.

878 F.2d 577 (1989)

PLAZA HEALTH LABORATORIES, INC., Plaintiff-Appellant, v. Cesar A. PERALES, Commissioner of the New York State Department of Social Services, New York State Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 21, 1989.

Attorney(s) appearing for the Case

Richard S. Bernstein (Samuel A. Bernstein, Roberta C. Pike, New York City, on the brief), for plaintiff-appellant.

Lawrence S. Kahn (Robert Abrams, Atty. Gen. of the State of N.Y., Robert A. Forte, Asst. Atty. Gen., New York City, on the brief), for defendants-appellees.

Before KEARSE, CARDAMONE, and PIERCE, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Plaza Health Laboratories, Inc. ("Plaza"), a suspended provider of health-care services in the New York State Medical Assistance Program ("Medicaid"), appeals from an order of the United States District Court for the Southern District of New York, Peter K. Leisure, Judge, denying its motion for a preliminary injunction requiring defendants Cesar A. Perales and the New York State Department of Social Services (collectively "DSS...

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