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ROE v. INGRAHAM

No. 73 Civ. 1303.

364 F.Supp. 536 (1973)

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

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

August 23, 1973.

Attorney(s) appearing for the Case

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

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

A. Seth Greenwald, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel H. Hirschowitz, First Asst. Atty. Gen., of counsel), for defendant.

Before FEINBERG, Circuit Judge, and WYATT and CARTER, District Judges.

OPINION

ROBERT L. CARTER, District Judge.

I

Statute Under Attack:

This action challenges the constitutionality of certain provisions of the New York State Controlled Substances Act (the "Act"), New York Laws 1972, ch. 878, N.Y. Public Health Law § 3300 et seq. (McKinney's Consol.Laws, c. 45, Supp.1972) effective April 1, 1973, as amended, New York Laws 1973, ch. 97, ch. 163, ch. 728. The Act attempts a comprehensive regulation...

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