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GOLDBERG v. CAREY

No. 78 C 956.

462 F.Supp. 872 (1978)

Donald D. GOLDBERG, M. D., and Joseph V. Simoni, Plaintiffs, v. Hugh CAREY, as Governor of the State of New York, Louis J. Lefkowitz, as Attorney General of the State of New York, and Albert B. Lewis, Superintendent of the Insurance Department of the State of New York, Defendants.

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

December 21, 1978.

Attorney(s) appearing for the Case

Morton Povman, Anderman & Povman, Forest Hills, N. Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of State of N. Y., by Rosalind S. Fink, Asst. Atty. Gen., New York City, for defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

Plaintiffs, Donald D. Goldberg and Joseph V. Simoni, have instituted this action seeking a judgment of this Court declaring Section 678 of the Insurance Law of the State of New York to be unconstitutional and permanently enjoining the enforcement of the same. Section 678 mandates that the Superintendent of the Department of Insurance limit the fees "providers of health...

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