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FREIMAN v. ASHCROFT

No. 78-1144.

584 F.2d 247 (1978)

Michael FREIMAN, M. D. and Allen S. Palmer, D. O., Appellants, v. John D. ASHCROFT, Attorney General of the State of Missouri and J. Brendan Ryan, Circuit Attorney of the City of St. Louis, Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1978.

Rehearing Granted in Part and Denied in Part October 10, 1978.

Attorney(s) appearing for the Case

Frank Susman of Susman, Schermer, Willer & Rimmel, St. Louis, Mo. (argued), and Barbara L. Beran, St. Louis, Mo., on brief, for appellants.

Michael L. Boicourt, Asst. Atty. Gen., Jefferson City, Mo. (argued), and John D. Ashcroft, Atty. Gen., St. Louis, Mo., on brief, for appellees.

Before STEPHENSON, Circuit Judge, INGRAHAM, Senior Circuit Judge, and HENLEY, Circuit Judge.

STEPHENSON, Circuit Judge.

The issues before this court are: (1) does appellant-physician Michael Freiman have standing to challenge Mo.Ann.Stat. § 188.040 (Vernon 1978), and, if so, is section 188.040 constitutional; and (2) is Mo.Ann.Stat. § 188.045 (Vernon 1978) constitutional.

Freiman originally filed suit seeking declaratory and injunctive relief, and moved for summary judgment. The three-judge district court1 held...

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