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DUNCAN v. WARD

No. 62 C 2358.

225 F.Supp. 195 (1963)

Thomas P. DUNCAN and Joseph E. Harvey, Plaintiffs, v. Daniel P. WARD, State's Attorney of Cook County, Illinois, and William G. Clark, Attorney General of the State of Illinois, Defendants, and Illinois State Dental Society, an Illinois corporation not for profit, and Joseph B. Zielinski and Carl J. Madda, Intervenor-Defendants.

United States District Court N. D. Illinois, E. D.

December 19, 1963.

Attorney(s) appearing for the Case

Martin S. Gerber, Chicago, Ill., for plaintiffs.

William G. Clark, Atty. Gen., of the State of Illinois, Ronald Butler, Asst. State's Atty., of Cook County, Chicago, Ill., for defendant.

Peterson, Lowry, Rall, Barber & Ross, Chicago, Ill., for intervenor-defendants.

Before SWYGERT, Circuit Judge, and ROBSON and DECKER, District Judges.

PER CURIAM.

Plaintiffs, dental mechanics, technicians and oral prosthetists, seek by their complaint to declare the Illinois Dental Practice Act, Ch. 91, Ill.Stats.Ann., 1963, an unconstitutional discrimination against them, depriving them of equal protection, liberty and property without due process of law. Plaintiffs also seek an injunction against the defendants enforcing Sections 70 and 71a, the penal provisions of...

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