BOSTON DRUGS, INC. v. PERALES

Nos. CV-90-3185, 90-3186 and CV-90-3206.

747 F.Supp. 873 (1990)

BOSTON DRUGS, INC., Plaintiff, v. Cesar A. PERALES, Commissioner of the Department of Social Services of the State of New York, Defendant. TRC DRUGS, INC., Plaintiff, v. Cesar A. PERALES, Commissioner of the Department of Social Services of the State of New York, Defendant. RIZCO PHARMACY, INC., Plaintiff, v. Cesar A. PERALES, Commissioner of the Department of Social Services of the State of New York, Defendant.

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

October 10, 1990.


Attorney(s) appearing for the Case

Jeffrey M. Rubin, Rubin & Shang, New York City, for plaintiff.

Gerald Slotnick, Asst. Atty. Gen., New York City, for defendant.


GLASSER, District Judge:

Plaintiffs, pharmacies located in the Southern District of New York, bring these actions pursuant to the equal protection and due process clauses of the United States Constitution, and Article I, § 11 of the New York State Constitution, which prohibits the denial of equal protection of the laws of the State. Preliminarily, plaintiffs seek an order directing defendant to show cause why this Court should not enjoin defendant from terminating...

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