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LLEWELLYN v. CROTHERS

Nos. 83-4019, 83-4037.

765 F.2d 769 (1985)

J. Kent LLEWELLYN, D.C., P.C., dba Llewellyn Chiropractic Clinic; William J. Cash, D.C., dba AA Chiropractic Clinic; Steve A. Deshaw, D.C., dba Chiropractic Physicians Clinic; Douglas Held, D.C., dba Held Chiropractic Clinic; D.E. Beeson, D.C., dba Beeson Chiropractic Center; John Schmidt, D.C., dba Chiropractic Physicians Clinic; Lyndon McGill, D.C., dba East Salem Chiropractic Clinic; Tom Wright, D.C., dba Wright Chiropractic Clinic; Bruce Bamforth, D.C., dba Jacksonville Chiropractic Offices, Plaintiffs-Appellants, v. Morris K. CROTHERS, M.D.; Roy Green, M.D.; and State Action Insurance Fund Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1985.

Attorney(s) appearing for the Case

Gary D. Allen, Allen & Vick, Salem, Or., and C. Jacob Ladenheim, Ladenheim & Campbell, Fincastle, Va., for plaintiffs-appellants.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, Or., for Crothers and Green.

James Clark, Spears, Lubersky, Campbell & Bledsce, Portland, Or., for SAIF.

Before KENNEDY and FERGUSON, Circuit Judges, and WILLIAMS, District Judge.

KENNEDY, Circuit Judge:

Plaintiffs, licensed chiropractors in the State of Oregon, brought this action for damages and injunctive relief based on alleged antitrust, equal protection, and due process violations in the setting of fee guidelines and maximum fee schedules for chiropractic services under the Oregon Workers' Compensation Act (the Act), Or.Rev.Stat. §§ 656.001-656.794 (1983). The principal issue in the case concerns the immunity of the defendants...

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