MD. ST. BD. OF BARBER EX. v. KUHN

[No. 90, September Term, 1973.]

270 Md. 496 (1973)

312 A.2d 216

THE MARYLAND STATE BOARD OF BARBER EXAMINERS v. KUHN ET AL.

Court of Appeals of Maryland.

Decided December 5, 1973.


Attorney(s) appearing for the Case

William E. Brannan, with whom were W. Miles Cole and Moore, Hennegan, Brannan & Carney on the brief, for appellant.

Alan I. Baron, with whom were Stephen H. Sachs and Frank, Bernstein, Conaway & Goldman on the brief, for Charles F. Kuhn, Jr. et al., part of appellees. George W. McManus, Jr., for Maryland State Board of Cosmetologists, other appellee.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.


LEVINE, J., delivered the opinion of the Court.

We are concerned here with the constitutionality of a statutory scheme which permits barbers to cut the hair of both men and women, but restricts cosmetologists,1 such as appellees, to cutting the hair of women. We thus focus on two statutory provisions. Maryland Code (1957, 1973 Supp.) Art. 43, § 529 (a), under the subtitle, Cosmetologists, currently provides:

"(a) The term...

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