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POPULATION SERVICES INTERNATIONAL v. WILSON

No. 74 Civ. 1572.

398 F.Supp. 321 (1975)

POPULATION SERVICES INTERNATIONAL et al., Plaintiffs, v. Malcolm WILSON, Individually and as Governor of the State of New York, et al., Defendants.

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

July 2, 1975.

Attorney(s) appearing for the Case

Karpatkin, Pollet & Le Moult, by Michael N. Pollet, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., by Arlene R. Silverman, New York City, for defendants.

American Civil Liberties Union, by Rena K. Uviller and Judith Mears, New York City, amicus curiae.

Greenbaum, Wolff & Ernst, by Harriet F. Pilpel, Nancy F. Wechsler, and Eve W. Paul, New York City, for amicus curiae Planned Parenthood of New York City, Inc.

Before FRIENDLY, Circuit Judge, and PIERCE and CONNER, District Judges.

PIERCE, District Judge.

OPINION

Plaintiffs have brought this action seeking declaratory and injunctive relief against enforcement of Section 6811 (8) of the New York State Education Law, McKinney's Consol.Laws, c. 16, insofar as that section applies to non-prescription contraceptives.1 Plaintiffs claim that as applied to the aforesaid items, the statute violates the First, Fifth, Ninth, and Fourteenth Amendments of the United...

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