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BREWSTER v. KINLEIN

No. 3237.

209 A.2d 788 (1965)

Cleo BREWSTER, Petitioner, v. M. Lucille KINLEIN et al., as members of the Practical Nurses' Examining Board, Respondents.

District of Columbia Court of Appeals.

Decided April 29, 1965.

Attorney(s) appearing for the Case

Samuel F. Ianni, Washington, D. C., for petitioner.*

David P. Sutton, Asst. Corp. Counsel, with whom Chester H. Gray, Corp. Counsel, Milton D. Korman, Princ. Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for respondents.

Before HOOD, Chief Judge, MYERS, Associate Judge, and CAYTON (Chief Judge, Retired).

MYERS, Associate Judge:

On September 6, 1960, Congress enacted the District of Columbia Practical Nurses' Licensing Act.1 Section 10 (§ 2-429) contained what is commonly called a "grandfather clause" which "proceeds upon the theory that those who have acceptably followed the profession in the community for a period of years may be assumed to have the qualifications which others are required to manifest as a result of an examination...

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