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HEALTH SYSTEMS AGCY., ETC. v. VIRGINIA STATE BD.

Civ. A. No. 76-37-A.

424 F.Supp. 267 (1976)

HEALTH SYSTEMS AGENCY OF NORTHERN VIRGINIA et al., Plaintiffs, v. VIRGINIA STATE BOARD OF MEDICINE et al., Defendants.

United States District Court, E. D. Virginia, Alexandria Division.

November 4, 1976.

Attorney(s) appearing for the Case

Lewis H. Goldfarb, Reston, Va., and Robert E. McGarrah, Jr., Washington, D.C., for plaintiffs.

Walter L. Penn, III, Asst. Atty. Gen., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Virginia and D. Patrick Lacy, Jr., Asst. Atty. Gen., Richmond, Va., on brief), for defendants.

Before BUTZNER, Circuit Judge, and WARRINER and BRYAN, District Judges.

BUTZNER, Circuit Judge:

The principal issue in this case is whether the plaintiffs have a constitutional right to gather, publish, and receive information about the services and fees of physicians practicing in their community. The defendants assert that physicians who furnish information to be published in a medical directory, as proposed by the plaintiffs, would violate § 54-317(13) of the Virginia Code. This statute provides in part:

"Any practitioner...

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