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AMERICAN CAMPING ASS'N, INC. v. WHALEN

No. 78 Civ. 2676.

554 F.Supp. 396 (1983)

AMERICAN CAMPING ASSOCIATION, INC., and New Hampshire Camp Directors Association, Inc., Plaintiffs, v. Robert P. WHALEN, M.D., as Commissioner of the Department of Health of the State of New York, et al., Defendants.

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

January 14, 1983.

Attorney(s) appearing for the Case

Stolz, Goldfine & Stolz, New York City (Milton Shalleck, New York City, of counsel), Gainsburg, Gottlieb, Levitan & Cole, New York City (Samuel Gottlieb, New York City, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of the State of New York, New York City (Andrea G. Iason, Asst. Atty. Gen., New York City, of counsel), for defendants.

OPINION AND ORDER

OWEN, District Judge.

At issue is Article 14 of the New York State Public Health Law, § 1400, et seq. Plaintiffs American Camping Association, and New Hampshire Camp Directors Association, Inc. instituted this action in 1978 to declare unconstitutional New York State's then newly enacted legislation setting limits on the right of out-of-state camps to advertise in the State of New York. Upon plaintiffs' motion, a preliminary...

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