LARKIN v. WITHROW

No. 73-C-360.

368 F.Supp. 796 (1973)

Duane LARKIN, M.D., Plaintiff, v. Harold WITHROW, D.O., et al., Defendants.

United States District Court, E. D. Wisconsin.

December 21, 1973.


Attorney(s) appearing for the Case

Samson, Friebert, Sutton & Finerty by Robert H. Friebert, Milwaukee, Wis., for plaintiff.

Robert W. Warren, Wisconsin Atty. Gen. by LeRoy L. Dalton, Madison, Wis., for defendants.

Before DUFFY, Senior Circuit Judge, REYNOLDS, Chief District Judge, and GORDON, District Judge.


DECISION

PER CURIAM.

On November 19, 1973, this three-judge court sustained the plaintiff's procedural due process challenge to the constitutionality of § 448.18(7) Wis.Stats. (1971). We enjoined the state medical examining board from enforcing that statute, which authorized it to suspend a physician's license for up to two consecutive three-month periods "without formal proceedings . . . where he is known or the examining board has good cause to believe...

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