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SMITH v. PAULK

No. 80-1624.

705 F.2d 1279 (1983)

Ronald R. SMITH, Plaintiff-Appellee, v. William R. "Bill" PAULK, Commissioner, State Department of Labor, State of Oklahoma, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 22, 1983.

Attorney(s) appearing for the Case

Michael L. Bardrick, Asst. Atty. Gen., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. and Stephen F. Shanbour, Asst. Atty. Gen., of Okl., Oklahoma City, Okl., on the brief), for defendant-appellant.

William D. Watts of Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, Okl. (A. Bernard Frechtman of Frechtman & Klarreich, P.C., New York City, was also on the brief), for plaintiff-appellee.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

HOLLOWAY, Circuit Judge.

The question presented by this appeal is whether 40 O.S.Supp.1974 § 53(b) is constitutional in that it requires private employment agency license applicants to be residents of Oklahoma for one year preceding such application.

I

A.

The facts are brief and undisputed. Plaintiff Ronald Smith, an Iowa resident, has operated licensed employment agencies in Iowa since 1976. His Iowa agencies are franchisees of Robert...

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