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PUBLIC CITIZEN, HEALTH RESEARCH GROUP v. COM'N ON MEDICAL DISCIPLINE

No. 76-1944.

573 F.2d 863 (1978)

PUBLIC CITIZEN, HEALTH RESEARCH GROUP and Maryland Public Interest Research Group, Appellants, v. COMMISSION ON MEDICAL DISCIPLINE OF MARYLAND, Elmer G. Einhardt, Charles Bagley, Jerome Coller, Eli Lippman, Carl F. Meck, Members, Commission on Medical Discipline of Maryland, Medical and Chirurgical Faculty of the State of Maryland, William Carl Ebeling, President, Medical and Chirurgical Faculty of the State of Maryland, Prince George's County Medical Society, and John T. Lynn, President, Prince George's County Medical Society, John M. Dennis, John E. Adams, and William G. Speed, III, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Girardeau A. Spann, Washington, D. C. (Alan B. Morrison, Washington, D. C., on brief), for appellants.

E. Dale Adkins, III, Baltimore, Md. (John F. King, Baltimore, Md., on brief), for appellees William Ebeling and The Medical & Chirurgical Faculty of Maryland.

Stephen J. Sfekas, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Maryland, and Paul Walter, Asst. Atty. Gen., Baltimore, Md., on brief), for appellees, Commission on Medical Discipline of Maryland.

Before BUTZNER, WIDENER and HALL, Circuit Judges.

PER CURIAM:

Article 43, § 129 of the Annotated Code of Maryland, provides that "No physician shall advertise except as provided by regulations of the Board [of Medical Examiners]." Regulation F of the Board, promulgated pursuant to § 129,1 permits advertising in certain areas. Neither § 129 nor Regulation F, however, defines the term "advertise."

Plaintiffs, various "public interest" organizations, sought to publish...

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