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MURPHY v. CUOMO

No. 94-CV-0158.

913 F.Supp. 671 (1996)

Frederick J. MURPHY, Plaintiff, v. Mario M. CUOMO, Thomas A. Constantine, Zarc International, Inc., Mark K. Klosowski, James Crandall, Randy Bush, Daniel K. Shea, Edward Vanderwall, John W. Wallace, Raymond G. Dutcher, Francis A. DeFrancesco, Steven Thomas, Cameron Logman, and Pamela Logman, Defendants.

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

February 2, 1996.

Attorney(s) appearing for the Case

Office of Robert Ballan (Robert H. Ballan, of counsel), Norwood, NY, for Plaintiff.

Hinman, Howard Law Firm (Paul T. Sheppard, of counsel), Binghamton, NY, for Defendants Zarc International, Cameron Logman, and Pamela Logman.

Office of the Attorney General (Robert A. Siegfried, Asst. Atty. Gen., of counsel), Department of Law, Albany, NY, for Defendants Mario Cuomo, Thomas Constantine, Mark Klosowski, James Crandall, Randy Bush, Daniel Shea, Edward Vanderwall, John Wallace, Raymond Dutcher, Francis A. DeFrancesco, and Steven Thomas.

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

I. INTRODUCTION

Plaintiff Frederick Murphy originally commenced this action by filing a complaint on February 7, 1994, wherein he seeks to recover damages pursuant to 42 U.S.C. § 1983, along with injunctive relief, for alleged violations by defendants of the Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 301 et seq., the Public Health Service Act ("PHSA"...

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