ROE v. INGRAHAM

Nos. 947, 948, Dockets 73-1562, 73-1582.

480 F.2d 102 (1973)

Richard ROE, an infant, by Robert Roe, his parent et al., Plaintiffs-Appellants, George Patient et al., Intervenors-Appellants, v. Hollis S. INGRAHAM, as Commissioner of Health of the State of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 24, 1973.


Attorney(s) appearing for the Case

Michael Lesch, New York City (Barry L. Mendelsen, Solomon Z. Ferziger, and Shea Gould Climenko & Kramer, New York City, of counsel), for plaintiffs-appellants.

H. Miles Jaffe, New York City (Norwick, Raggio & Jaffe, New York City, of counsel), for intervenors-appellants.

A. Seth Greenwald, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendant-appellee.

Before FRIENDLY, Chief Judge, HAYS, Circuit Judge, and JAMESON, District Judge.


FRIENDLY, Chief Judge:

This appeal from an order of the District Court for the Southern District of New York, 357 F.Supp. 1217 dismissing complaints in actions under the civil rights statute, 42 U.S.C. § 1983, as jurisdictionally implemented by 28 U.S.C. § 1343(3), relates to the New York State Controlled Substances Act, N.Y.Laws 1972, ch. 878, amending N.Y. Public Health Law §§ 3300-96, effective April 1,...

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