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GAMBREL v. KENTUCKY BD. OF DENTISTRY

No. 80-3336.

689 F.2d 612 (1982)

James GAMBREL, Consumer Association of Kentucky, Inc., Citizens for Denturism in Kentucky, Inc., Harold Ray Druin, James Renfro, Sr., James Renfro, Jr., Dan Hauner, James Gambrel, Chester Hudson, Plaintiffs-Appellants, v. The KENTUCKY BOARD OF DENTISTRY, James W. Holliday, D.M.D., Harold Bradform, D.M.D., James M. Smith, Jr., D.M.D., O. Harlan Wilson, D.M.D., Howard Titsworth, D.M.D., Paul Webb, D.M.D., John Hoyle, Steven L. Beshear as Successor to Robert Stephens, Attorney General Pursuant to KRS 418.075, Lewis Whipple, D.M.D., Douglas Kennedy, D.M.D., Gordon King, D.M.D., William Willis, D.M.D., Glenn M. Barnes, D.M.D., The Kentucky Dental Association, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 24, 1982.

Rehearing and Rehearing Denied November 16, 1982.

Attorney(s) appearing for the Case

Franklin S. Yudkin (argued), Belker & Yudkin, Louisville, Ky., for plaintiffs-appellants.

John T. Ballantine (argued), John T. Fowler (argued), Louisville, Ky., for defendants-appellees.

Lloyd A. Thomas, Louisville, Ky., for Ky. Bd. of Dentistry.

James B. Murphy, Louisville, Ky., for King, D.M.D.

Before LIVELY and ENGEL, Circuit Judges, and FEIKENS, District Judge.

Rehearing and Rehearing En Banc Denied November 16, 1982.

ENGEL, Circuit Judge.

This appeal requires us to decide whether certain private conduct by several Kentucky dentists, and the enforcement activities of the Kentucky Board of Dentistry, challenged by the plaintiffs as violative of federal antitrust laws, are compelled by Kentucky's statutory scheme of regulation of the practice of dentistry, and therefore exempt from the antitrust laws under the "state...

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