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PERKINS v. SMITH

No. 73-222-HM.

370 F.Supp. 134 (1974)

Lester L. PERKINS, D.V.M., Individually and/or for similarly situated persons and as a class action v. Howard SMITH, Clerk, Circuit Court for Montgomery County, et al.

United States District Court, D. Maryland.

January 28, 1974.

Attorney(s) appearing for the Case

Edward L. Genn, Silver Spring, Md., for plaintiff.

Lawrence Ebner, Dept. of Justice, Washington, D. C., Thomas L. Crowe, Asst. U. S. Atty., Baltimore, Md., for defendants United States and Paul R. Schlitz; Harlington Wood, Jr., Asst. Atty. Gen., George Beall, U. S. Atty., Harland F. Leathers, Atty., Dept. of Justice, on brief.

Francis X. Pugh, Asst. Atty. Gen., for defendants State of Maryland, Howard Smith and Jury Commissioner; Francis B. Burch, Atty. Gen., on brief.

Alfred H. Carter, Deputy County Atty., for defendant Montgomery County; Richard S. McKernon, County Atty., Stephen J. Orens, Asst. County Atty., on brief.

Before WINTER, Circuit Judge, and WATKINS and MURRAY, District Judges.

HERBERT F. MURRAY, District Judge.

Plaintiff Lester L. Perkins, a resident alien, successfully asserted before a three-judge panel of this Court that the State of Maryland may not constitutionally bar him from being examined for or licensed as a doctor of veterinary medicine solely because of his alienage.1 In the present case he has again invoked the jurisdiction of a three-judge court to challenge his exclusion from service in Maryland...

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