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DANIEL v. AMERICAN BD. OF EMERGENCY MED.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK


November 19, 1997

GREGORY F. DANIEL, M.D., et al., Plaintiffs,
v.
AMERICAN BOARD OF EMERGENCY MEDICINE, et al., Defendants.

The opinion of the court was delivered by: ARCARA

ORDER

 Defendant Forsythe Memorial Hospital argues that § 12 of the Clayton Act, 15 U.S.C. § 22, is unconstitutional as applied by the Court in this case. Pursuant to 28 U.S.C. § 2403(a), the Court hereby certifies this fact to the Attorney General of the United States, and shall permit the United States to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality, if necessary. The United States shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality. The United States shall inform the Court by January 9, 1998, in writing, if it intends to intervene in this case. This action shall not be stayed in any way pending the decision of the United States or for any other reason associated with this Order. The Clerk of Court shall mail a copy of this Order to Denise E. O'Donnell, United States Attorney for the Western District of New York.

 IT IS SO ORDERED.

 HONORABLE RICHARD J. ARCARA

 UNITED STATES DISTRICT COURT

 Dated: November 19, 1997

19971119

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