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FSK DRUG CORP. v. PERALES

No. 991, Docket 91-9174.

960 F.2d 6 (1992)

FSK DRUG CORP., Plaintiff-Appellant, v. Cesar A. PERALES, Commissioner of the New York Department of Social Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 19, 1992.

Attorney(s) appearing for the Case

Jerome I. Sager, New York City (Laurie Lombardo, Wise Lerman & Katz, on the brief), for plaintiff-appellant.

Gerald Slotnik, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., on the brief), for defendant-appellee.

Before LUMBARD, NEWMAN, and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal raises equal protection challenges to the re-enrollment provisions of New York State's Medicaid regulations. Finding the challenges foreclosed by the reasoning in our recent decision in 701 Pharmacy Corp. v. Perales, 930 F.2d 163 (2d Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 67, 116 L.Ed.2d 42 (1991), we affirm the dismissal of the action on motion for summary judgment.

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