SCHACHTER v. WHALEN

No. 1018, Docket 78-7154.

581 F.2d 35 (1978)

Michael B. SCHACHTER, M. D., John Doe, Richard Roe, and Mary Roe, Appellants, v. Robert P. WHALEN, M. D., Commissioner of Health of the State of New York, and Thaddeus J. Murawski, M. D., Executive Secretary of the State Board for Professional Misconduct of the State of New York, Appellees.

United States Court of Appeals, Second Circuit.

Decided July 19, 1978.


Attorney(s) appearing for the Case

Jon G. Rothblatt, New York City (Henry B. Rothblatt, Rothblatt, Rothblatt, Seijas & Peskin, New York City, of counsel), for appellant.

Judith A. Gordon, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for appellees.

Before OAKES, Circuit Judge, and BLUMENFELD and MEHRTENS, District Judges.


PER CURIAM:

Plaintiffs appeal from an order of the United States District Court for the Southern District of New York, Charles H. Tenney, Judge, denying plaintiffs' motion for a preliminary injunction and dismissing the complaint. We affirm.

The court below based its decision on principles of abstention articulated in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and subsequently applied...

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