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INT. SERV. v. UNITED WAY

108 Misc.2d 305 (1981)

International Service Agencies et al., Plaintiffs, v. United Way of New York State et al., Defendants.

Supreme Court, Special Term, Albany County.

March 9, 1981

Attorney(s) appearing for the Case

Helm, Shapiro, Ayers, Anito & Aldrich, P. C., and Leva, Hawes, Symington, Martin & Oppenheimer (Washington, D. C.) (Simeon M. Kriesberg and John S. Hoff of counsel), for plaintiffs. Hinman, Straub, Pigors & Manning, P. C. (Peter L. Rupert of counsel), for United Way of Northeastern New York, Inc., and others, defendants. Roemer & Featherstonhaugh (Richard L. Burstein of counsel), for Albany Area Health Council and another, defendants. Robert Abrams, Attorney-General (Richard S. Redlo of counsel), for James C. O'Shea, defendant.

HAROLD J. HUGHES, J.

The issue to be determined is whether the Donnelly Act (General Business Law, § 340 et seq.), New York's restraint of trade statute, applies to not-for-profit charitable corporations.

This is an action pursuant to the Donnelly Act brought by International Service Agencies (ISA), an association of seven charitable organizations, to wit: CARE, Helen Keller International, International Human Assistance Programs, International...

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