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CRAIGMILES v. GILES

No. 00-6281.

312 F.3d 220 (2002)

Nathaniel CRAIGMILES; Tommy Wilson; Craigmiles Wilson Casket Supply; Angela Brent; Jerry Harwood; Naenia Enterprises, LLC, Plaintiffs-Appellees, v. Arthur GILES; Larry Meriwether, Sr.; Fred S. Wheeler; Lori Keen; Edward Larson; Charles B. Manes, Jr.; Karen House; Mack Wood; Paul G. Summers; John Hopkins, each in their official capacities as State Officials, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 6, 2002.

Attorney(s) appearing for the Case

Harold L. North, Jr. (briefed), Schumaker & Thompson, Chattanooga, TN, Matthew Berry (briefed), William H. Mellor (argued and briefed), Institute for Justice, Washington, DC, for Plaintiff-Appellee.

Steven A. Hart (argued and briefed), Janet M. Kleinfelter (briefed), Financial Division, Office of Attorney General, Nashville, TN, for Defendants-Appellants.

T. Scott Gilligan (briefed), Statman, Harris, Siegel & Eyrich, Cincinnati, OH, John C. Eastman (briefed), Chapman University School of Law, Orange, CA, for Amici Curiae.

Before KRUPANSKY and BOGGS, Circuit Judges; and LAWSON, District Judge.

OPINION

BOGGS, Circuit Judge.

Nathaniel Craigmiles and several other plaintiffs challenge a provision of the Tennessee Funeral Directors and Embalmers Act (FDEA) that forbids anyone from selling caskets without being licensed by the state as a "funeral director." Licensing requires an applicant to undergo two years of education and training, very little of which, Craigmiles argues, pertains to casket design...

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