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BRANDWEIN v. CALIFORNIA BD. OF OSTEOPATHIC EX'RS

No. 81-5343.

708 F.2d 1466 (1983)

Dr. Theodore S. BRANDWEIN, Plaintiff-Appellant, v. The CALIFORNIA BOARD OF OSTEOPATHIC EXAMINERS; The California Board of Medical Quality Assurance; The California Department of Consumer Affairs; and Edwin L. Miller, District Attorney for the County of San Diego, State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1983.

As Amended August 10, 1983.

Attorney(s) appearing for the Case

Dr. Theodore S. Brandwein, plaintiff-appellant, pro se.

M. Gayle Askren, Deputy Atty. Gen., Greer D. Knopf, San Diego, Cal., Alexander R. Tobin, Upland, Cal., for defendants-appellees.

Before SNEED, POOLE, and BOOCHEVER, Circuit Judges.

POOLE, Circuit Judge:

Plaintiff-appellant Dr. Theodore S. Brandwein is a physician holding the degree of Doctor of Osteopathy (D.O.). Brandwein challenges the constitutionality of California Law, under which a D.O. may not hold himself out as a Doctor of Medicine (M.D.). He alleges that the law violates the First Amendment and the Equal Protection Clause of the federal constitution. Following the dismissal of these and pendant state claims in district court, Brandwein...

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