BAY RIDGE DIAGNOSTIC LABORATORY, INC. v. DUMPSON

No. 75 C 640.

400 F.Supp. 1104 (1975)

BAY RIDGE DIAGNOSTIC LABORATORY, INC., et al., Plaintiffs, v. James R. DUMPSON, Commissioner of Social Services and Administrator for Human Resources of the City of New York, et al., Defendants.

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

August 14, 1975.


Attorney(s) appearing for the Case

Sanford S. Kantor, New York City, for plaintiffs.

W. Bernard Richland, Corp. Counsel, New York City by Edward I. Lieberman, Philip Agree and Elliot Tunis, Asst. Corp. Counsel, New York City, for defendants.

John B. Rhinelander, Gen. Counsel, Dept. of Health, Ed. & Welfare, Washington, D. C. by Ronald Sutter, Atty. Dept. of Health, Ed. and Welfare, and David G. Trager, U. S. Atty., E.D.N.Y., Brooklyn, N. Y. by Cyril Hyman, Asst. U. S. Atty., for the Secretary of Health, Ed. and Welfare, amicus curiae.

Patricia A. Butler, Stanton J. Price, and Lawrence R. Mullen, Los Angeles, Cal., for Nat. Health Law Program, amicus curiae.

Stanley D. Friedman, New York City, for New York State Society of Pathologists, amicus curiae.


MEMORANDUM and ORDER

WEINSTEIN, District Judge.

This is a motion for a preliminary injunction. Initial evidentiary hearings have been held, but a full trial on the merits will be required. See Rule 65(a) (2), Federal Rules of Civil Procedure. Plaintiffs have shown a substantial probability of success on the merits and a high probability of irreparable injury unless immediate relief is granted. See, e. g....

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