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OLIVA v. TOUCHTON

No. 28150.

448 F.2d 437 (1971)

Marcelino OLIVA, Jr., D. O., et al., Plaintiffs-Appellants, v. Charles F. TOUCHTON, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 16, 1971.

Attorney(s) appearing for the Case

George C. Dayton, A. P. Gibbs, Dade City, Fla., for plaintiffs-appellants.

Robert D. Sumner, Dade City, Fla., Gilbert A. Smith, Bradenton, Fla., Delbridge L. Gibbs, Harry T. Gray, Francis P. Conroy, II, Jacksonville, Fla., David K. Deitrich, Bradenton, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

PER CURIAM:

This case involves the Florida and possibly the Federal Constitutional question of whether osteopathic physicians are in the same class with medical doctors, so as to require rules for admission to state-operated hospital facilities to apply equally to both schools of healing. As the outcome may well turn on State questions only, thus avoiding a needless exploration of Federal Constitutional questions, this case is a classic one for certification to the...

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