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PHARMACEUTICAL SOC. OF N.Y. v. DEPT. OF SOCIAL SER.

No. 539, Dockets 94-7215L, 94-7245XAP.

50 F.3d 1168 (1995)

PHARMACEUTICAL SOCIETY OF the STATE OF NEW YORK, INCORPORATED, Plaintiff-Appellee-Cross-Appellant, v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES & Michael Dowling, as Commissioner of the New York State Department of Social Services, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Eileen M. Considine, Albany, NY (Beverly Cohen, Hinman, Straub, Pigors & Manning, P.C., Albany, NY, of counsel), for plaintiff-appellee-cross-appellant.

John McConnell, Asst. Atty. Gen., Albany, NY (G. Oliver Koppell, Atty. Gen. State of NY, Peter H. Schiff, Deputy Sol. Gen. State of N.Y., Peter G. Crary, Asst. Atty. Gen., Albany, NY, of counsel), for defendants-appellants-cross-appellees.

Before LUMBARD, CARDAMONE and MINER, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellee-cross-appellant Pharmaceutical Society of the State of New York, Inc. ("the Society") brought suit in the United States District Court for the Northern District of New York seeking injunctive and declaratory relief against the New York Department of Social Services ("DSS") and Michael Dowling, as Commissioner of DSS (collectively "the State"). The suit was brought on the ground that N.Y.Soc.Serv.Law § 367-a(6) and N.Y...

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