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STERN v. TARRANT COUNTY HOSP. DIST.

No. 83-1638.

755 F.2d 430 (1985)

Paul A. STERN, et al., Plaintiffs-Appellees, v. TARRANT COUNTY HOSPITAL DISTRICT, Defendant-Appellant, v. George J. LUIBEL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing May 7, 1985.

Attorney(s) appearing for the Case

Tim Curry, Crim. Dist. Atty., Frederick M. Schattman, Asst. Dist. Atty., Fort Worth, Tex., for defendant-appellant.

Bailey, Williams, Westfall, Lee & Fowler, Kevin J. Keith, Dallas, Tex., for plaintiffs-appellees P. Stern, et al.

Before CLARK, Chief Judge, GOLDBERG, and RUBIN, Circuit Judges.

Opinion on Granting of Rehearing En Banc May 7, 1985.

ALVIN B. RUBIN, Circuit Judge:

A Texas statute forbids state agencies to differentiate among physicians solely on the basis of their academic medical degrees.1 Five licensed physicians, each of whom has had at least two years of post-doctoral training in a program accredited by the American Osteopathic Association, challenge the constitutionality of a requirement imposed by...

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