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FINCH v. MISSISSIPPI STATE MEDICAL ASS'N, INC.

No. 78-2138.

585 F.2d 765 (1978)

The Honorable Cliff FINCH, Governor of the State of Mississippi, et al., Plaintiffs-Appellants, v. MISSISSIPPI STATE MEDICAL ASSOCIATION, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 7, 1978.

Attorney(s) appearing for the Case

George Colbin Cochran, Alvin M. Binder, Jackson, Miss., for plaintiffs-appellants.

William N. Reed, Walker W. Jones, III, L. Arnold Pyle, Jackson, Miss., for Miss. State Pharmaceutical Ass'n.

Nap L. Cassibry, II, Gulfport, Miss., Peyton S. Irby, Jr., Jackson, Miss., for Miss. Optometric Ass'n.

James K. Child, Jr., J. Leray McNamara, Jackson, Miss., for Miss. State Medical Ass'n.

John L. Maxey, II, Robert W. Sneed, Jackson, Miss., for Miss. Nurses Ass'n.

Timmie Hancock, Asst. Atty. Gen., A. F. Summer, Atty. Gen., Edwin A. Snyder, R. Lloyd Arnold, Sp. Asst. Atty. Gen., Jackson, Miss., for Miss. State Bd. of Dental Examiners.

Before COLEMAN, CLARK and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The Mississippi State Board of Health is a state agency composed of thirteen members. Twelve are appointed by the Governor; the thirteenth, the executive officer, is elected by the appointed members. Section 41-3-1 of the Mississippi Code1 provides that eight are to be qualified physicians who are members of the State Medical Association and nominees of that Association...

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