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

No. 78-2138.

594 F.2d 163 (1979)

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.

May 1, 1979.

Attorney(s) appearing for the Case

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

William N. Reed, Peyton S. Irby, Jr., Walker W. Jones, III, L. Arnold Pyle, Jackson, Miss., for Miss. State Pharm. Assoc.

Nap L. Cassibry, II, Gulfport, Miss., for Miss. Optometric Assn.

James K. Child, Jr., J. Leray McNamara, Jackson, Miss., for Miss. Ste. Med.

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

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

Before COLEMAN, CLARK and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A state court has now upheld the validity under the Mississippi Constitution of the statutory nomination and selection procedure for membership on the Mississippi State Board of Health. We must therefore, resolve the federal constitutional issues reserved in our initial opinion, 1978, 585 F.2d 765. There we reviewed the opinion of the district court which had dismissed the entire suit challenging this...

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