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SMITH v. PINGREE

No. 80-5309.

651 F.2d 1021 (1981)

Tom SMITH, Herbert Gorlin, Individually and on behalf of others similarly situated and The Florida Hearing Aid Society, Inc., Plaintiffs-Appellants, v. David H. PINGREE, in His Official Capacity as Secretary of the Florida Department of Health and Rehabilitative Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

July 27, 1981.

Attorney(s) appearing for the Case

Jon D. Caminez, Tallahassee, Fla., for plaintiffs-appellants.

Chester G. Senf, Charles T. Collette, Fla. Dept. of Health & Rehab. Serv., Tallahassee, Fla., for defendant-appellee.

Before GEWIN, RONEY and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

Appellants, hearing aid dispensers licensed in Florida, appeal a decision upholding the validity of three sections of Florida's Fitting and Selling of Hearing Aids Act, Florida Statute § 468.120 et seq. Appellants contend that the Testing Room Requirement, § 468.135(7), the Receipt Requirement, § 468.136(1), and the Labeling Requirement, § 468.136(2), are preempted by federal law in 21 U.S.C. § 360k and by regulations...

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