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NAT. U. OF HOSPITAL & HEALTH CARE EMP. v. CAREY

No. 76 Civ. 645.

409 F.Supp. 1197 (1976)

NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, RWDSU, AFL-CIO, and District 1199, National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO, Plaintiffs, v. Hugh CAREY, Governor of the State of New York, and Robert P. Whalen, Commissioner of Health of the State of New York, Defendants.

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

March 23, 1976.

Attorney(s) appearing for the Case

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, for plaintiffs; Harry Weinstock, Richard Dorn, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants; Michael Fogarty, Asst. Atty. Gen., of counsel.

METZNER, District Judge.

Plaintiffs, the National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO, and District 1199 of that union (hereinafter collectively "the unions"), move for a preliminary injunction to bar the enforcement of two recently promulgated regulations of the defendant Commissioner of Health of the State of New York. These regulations, it is claimed, effectively freeze the rate of Medicaid...

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