KREUZER v. AM. ACADEMY OF PERIODONTOLOGY

No. 83-1394.

735 F.2d 1479 (1984)

Donald W. KREUZER, D.M.D., Appellant, v. AMERICAN ACADEMY OF PERIODONTOLOGY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 1984.

As Amended June 26, 1984.


Attorney(s) appearing for the Case

John F. Dienelt, Washington, D.C., with whom Arthur I. Cantor and Warren Josephson, Washington, D.C., were on the brief for appellant.

Peter M. Sfikas, Chicago, Ill., with whom Robert L. Green, Washington, D.C., was on the brief for appellees, American Dental Ass'n.

James W. Hathaway, Chicago, Ill., a member of the Bar of the Supreme Court of Ill. pro hac vice, by special leave of the court with whom Mark W. Foster, Washington, D.C., was on the brief for appellees, American Academy of Periodontology.

Barry Grossman and Stephen F. Ross, Dept. of Justice, Washington, D.C., were on the brief of amicus curiae urging reversal.

Before TAMM and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

This private antitrust action challenges the legality of one of the American Academy of Periodontology's ("AAP" and "Periodontists") requirements for active membership, specifically the "limited practice requirement". The plaintiff-appellant is Donald W. Kreuzer, D.M.D., a periodontist who practices in the District of Columbia. The defendant-appellees are the AAP...

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