GUESS v. BOARD OF MED. EXAMINERS OF STATE OF N.C.

Nos. 91-1786, 91-2260.

967 F.2d 998 (1992)

George A. GUESS, Plaintiff-Appellant, v. The BOARD OF MEDICAL EXAMINERS OF the STATE OF NORTH CAROLINA; Walter Michel Roufail, in his individual and official capacity; John Thomas Daniel, Jr., in his individual and official capacity; Harold L. Godwin, in his individual and official capacity; Hector Himel Henry, II, in his individual and official capacity; John Wesley Nance, in his individual and official capacity; F.M. Patterson, Jr., in his individual and official capacity; Nicholas E. Stratas, in his individual and official capacity; Kathryn Howell Willis, in her individual and official capacity; Bryant D. Paris, Jr., in his individual and official capacity, Defendants-Appellees. Carolyn FULLER; Ken M. Gregory; Charles Ernest Loops; Rosemary Kolasa; Lisa Goldstein; Karen Hampton Senechal; Marianne Lennon; Allan L. Combs; Lillah Schwartz; and Ram Bashyam, Plaintiffs-Appellants, v. The BOARD OF MEDICAL EXAMINERS OF the STATE OF NORTH CAROLINA; Walter Michel Roufail, M.D., in his individual and official capacity; John Thomas Daniel, Jr., M.D., in his official and individual capacity; Harold L. Godwin, M.D., in his official and individual capacity; Hector Himel Henry, II, M.D., in his individual and official capacity; John Wesley Nance, M.D., in his official and individual capacity; F.M. Simmons Patterson, Jr., M.D., in his official and individual capacity; Nicholas E. Stratas, M.D., in his official and individual capacity; Kathryn Howell Willis, M.D., in her individual and official capacity; and Bryant D. Paris, Jr., M.D., in his individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1992.


Attorney(s) appearing for the Case

Mark Jay Prak, Tharrington, Smith & Hargrove, Charles E. Nichols, Jr., Manning, Fulton & Skinner, P.A., Raleigh, N.C., argued (Howard E. Manning, Jr., Anna R. Hayes, Manning, Fulton & Skinner, P.A., Raleigh, N.C., on brief), for plaintiffs-appellants.

Michael Edmond Weddington, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, N.C., argued (Susan M. Parker, Robert C. Glesener, on brief), for defendants-appellees.

Before PHILLIPS and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


OPINION

HAMILTON, Circuit Judge:

These consolidated appeals arise from decisions of the district court in two cases which challenge the revocation of the medical license of Dr. George Guess pursuant to a North Carolina statute. Guess challenged the constitutionality of the statute and its application to him by the Board of Medical Examiners of North Carolina (the Board). The district court, in Guess v. Board, No. 91-1786 (Guess), dismissed...

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