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BERINGHELLE v. RICHARDSON

No. 25095.

457 F.2d 345 (1972)

Joseph M. BERINGHELLE et al., Plaintiffs-Appellants, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 13, 1972.

Attorney(s) appearing for the Case

Frank C. Morales (argued), of Lemarie, Mohi, Morales, Dumas & Song, Los Angeles, Cal., for plaintiffs-appellants.

Robert Kopp (argued), Morton Hollander, Dept. of Justice, William D. Ruckelshaus, Asst. Atty. Gen., Civil Division, Washington, D.C., William D. Keller, U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before MERRILL, DUNIWAY and CHOY, Circuit Judges.

DUNIWAY, Circuit Judge:

Appellants are physical therapists licensed to practice by the State of California under a so-called "grandfather" statute, Cal.Bus. & Prof.C. § 2626. However, when they filed their action in the District Court on July 16, 1969, they did not meet the educational standards then prescribed by the Secretary of Health, Education and Welfare for physical therapists performing certain types of work at health care facilities which seek to...

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