FRIEDLANDER v. CIMINO

No. 962, Docket 75-7122.

520 F.2d 318 (1975)

Daniel FRIEDLANDER et al., Plaintiffs-Appellants, v. Joseph CIMINO, M.D., Individually and as Commissioner of the Department of Health of the City of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 9, 1975.


Attorney(s) appearing for the Case

Henry B. Rothblatt, New York City (Rothblatt, Rothblatt, Seijas & Peskin, New York City, of counsel), for plaintiffs-appellants.

David R. Spiegel, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendants-appellees Ingraham and the Public Health Council.

David W. Fisher, New York City (W. Bernard Richland, Corp. Counsel of the City of New York, Charles W. Segal, New York City, of counsel), for defendants-appellees Cimino, Chase and the City of New York.

Before KAUFMAN, Chief Judge, and SMITH and MESKILL, Circuit Judges.


PER CURIAM:

The appellants in this appeal initiated the underlying class action, 42 U.S.C. Sec. 1983 suit in the District Court for the Southern District of New York. The appellants are non-physician, self-employed clinical laboratory directors who are subject to certain licensing requirements of New York State law and New York City Health Code regulations.1 In their complaint, the appellants...

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