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NEW JERSEY STATE BAR ASS'N v. STATE

888 A.2d 526 (2005)

382 N.J. Super. 284

NEW JERSEY STATE BAR ASSOCIATION, a not-for-profit corporation, and Peggy Sheahan Knee, individually Plaintiffs, v. STATE of New Jersey, John E. McCormac, in his official capacity as Treasurer of the State of New Jersey; Holly C. Bakke, in her official capacity as Commissioner of the Department of Banking and Insurance; and Fred M. Jacobs, M.D., in his official capacity as Acting Commissioner of the Department of Health and Senior Services, Defendants.

Superior Court of New Jersey, Chancery Division, Union County.

Decided June 15, 2005.

Attorney(s) appearing for the Case

Edwin J. McCreedy (McCreedy & Cox), Cranford, for plaintiffs (Sharon A. Balsamo, James Condon, Charles J. Hollenbeck, on the brief).

Peter C. Harvey, Attorney General, for defendants (Patrick DeAlmeida, Assistant Attorney General, of counsel and on the brief, Marlene G. Brown, on the brief).

LYONS, P.J.Ch.

This action is before the court on cross-motions for summary judgment. The issues are:

A) Should the State be permanently enjoined from collecting the assessment prescribed in § 27(b)(6) of the New Jersey Medical Care Access and Responsibility and Patients First Act ("the Act") because the section violates Federal and State equal protection guarantees, violates the substantive due process clauses of the Federal and State constitutions,...

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