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WASMUTH v. ALLEN

43 Misc.2d 14 (1964)

Henry Wasmuth et al., Suing on Behalf of Themselves and All Other Chiropractors in the State of New York Similarly Situated, Plaintiffs, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Defendants.

Supreme Court, Westchester County.

March 27, 1964

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for defendants. Baker, Nelson, Williams & Mitchell (C. Dickerman Williams of counsel) for plaintiffs.

JOHN P. DONOHOE, J.

Defendants' motion to dismiss the complaint is granted. Plaintiffs' motion for a preliminary injunction is, accordingly, denied.

The complaint in this action sets forth nine causes of action on behalf of various persons who are chiropractors. The complaint demands judgment declaring that certain portions of article 132 of the Education Law which require examinations as a prerequisite...

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