DECISION AND ORDER
ARCARA, District Judge.
Introduction
On November 23, 1998, plaintiffs filed a complaint seeking a declaratory judgment invalidating regulations adopted by defendant Niagara County Board of Health restricting smoking in certain public places in Niagara County. Defendants filed an answer to the complaint on December 29, 1998.
On February 3, 1999, plaintiffs moved for both a preliminary injunction and summary judgment...
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