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LUNA v. HARRIS

No. 913, Docket 87-7732.

888 F.2d 949 (1989)

Salvatore LUNA, Plaintiff-Appellant, v. Dr. HARRIS, Dr. Howe, P.F. Calahan, Paul O'Brein, Mr. Rugg, Larry Simon, Danny Doe, Pat Doe, Art Doe, Kim Zokowlski, Jinny Doe, Sage Doe, John Doe, John Doe, John Doe, John Doe, John Doe, Jane Doe, Jane Doe, Jane Doe, Jane Doe, Diane Windhorst, Domenic Scalise, Kenny Karabec, Rick Doe, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 26, 1989.

Attorney(s) appearing for the Case

Charles E.F. Millard, Jr., New York City (Ogden N. Lewis, Davis Polk & Wardwell, New York City, of counsel), for plaintiff-appellant.

Dennis Milton, Asst. Suffolk County Atty., Hauppauge, N.Y. (E. Thomas Boyle, Suffolk County Atty., Warren G. Clark, Asst. Suffolk County Atty., Hauppauge, N.Y., of counsel), for defendants-appellees.

Before OAKES, Chief Judge, MAHONEY, Circuit Judges, and WOOD, District Judge.

MAHONEY, Circuit Judge:

Plaintiff-appellant Salvatore Luna appeals from a summary judgment entered in the United States District Court for the Eastern District of New York, Raymond J. Dearie, Judge, dismissing Luna's challenge to a New York State regulation governing methadone take-home privileges for patients in methadone treatment programs. Luna contends that the pertinent New York regulation posits more stringent requirements with respect to employment than...

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