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ANALYTICAL DIAGNOSTIC LABS, INC. v. KUSEL

Docket No. 08-6297-cv.

626 F.3d 135 (2010)

ANALYTICAL DIAGNOSTIC LABS, INC., Plaintiff-Appellant, v. Betty KUSEL, Richard F. Daines, M.D., Wendy E. Saunders, Richard W. Jenny, Ph.D., Stephanie H. Shulman, M.S., Deirdre Astin, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 4, 2010.

Attorney(s) appearing for the Case

David Jaroslawicz , Jaroslawicz & Jaros, LLC, New York, NY, for Defendant-Appellant Analytical Diagnostic Labs, Inc.

Richard Dearing , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Benjamin N. Gutman , Deputy Solicitor General, Andrew M. Cuomo , Attorney General of the State of New York, on the brief), New York, NY, for Defendants-Appellees Betty Kusel, Richard F. Daines, M.D., Wendy E. Saunders, Richard W. Jenny, Ph.D., Stephanie H. Shulman, M.S., and Deirdre Astin.

Before: CALABRESI, POOLER, and CHIN, Circuit Judges.

POOLER, Circuit Judge:

This case presents a class-of-one equal protection claim by plaintiff Analytical Diagnostic Labs, Inc. ("ADL"). ADL alleges that defendants—employees of the New York State Department of Health ("DOH")—intentionally and maliciously subjected ADL to an intense and unwarranted degree of regulatory scrutiny. ADL appeals from the September 11, 2008 memorandum decision and order of the United States District Court for the Eastern District...

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