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BRINKLEY v. HASSIG

No. 1344.

83 F.2d 351 (1936)

BRINKLEY v. HASSIG et al.

Circuit Court of Appeals, Tenth Circuit.

April 7, 1936.

Attorney(s) appearing for the Case

James H. Harkless, of Kansas City, Mo., and James E. Smith, of Topeka, Kan. (John S. Dean, E. H. Hatcher, Frank H. McFarland, and Schuyler W. Jackson, all of Topeka, Kan., on the brief), for appellant.

William C. Ralston, Sp. Asst. Atty. Gen., and Ralph T. O'Neil, of Topeka, Kan. (Clarence V. Beck, Atty. Gen., John G. Egan, Asst. Atty. Gen., and John D. M. Hamilton and Barton E. Griffith, both of Topeka, Kan., on the brief), for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

On September 17, 1930, the Kansas State Medical Board revoked the license of Dr. John R. Brinkley to practice medicine and surgery in the state of Kansas. On December 30, 1931, this action was brought to set aside and enjoin such order on the ground that it invaded rights guaranteed by the Federal Constitution. The trial court, after a long trial, dismissed the bill on its merits on July 15, 1935. This is an appeal from that order.

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