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MADARANG v. BERMUDES

No. 88-2608.

889 F.2d 251 (1989)

Jovencio F. MADARANG; J.F. Madarang & Associates, D.D.S., a Professional Corporation, Plaintiffs-Appellees, v. Mariano R. BERMUDES, individually and as Executive Director of Commonwealth Health Planning and Development Agency; Jose T. Villagomez, individually and as a Director of the Department of Public Health and Environmental Services, and the Commonwealth Health Coordinating Council, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1989.

As Amended on Denial of Rehearing and Rehearing January 19, 1990.

Attorney(s) appearing for the Case

David A. Webber, Asst. Atty. Gen., Saipan, M.P., for defendants-appellants.

Reynaldo O. Yana, Saipan, M.P., for plaintiffs-appellees.

Before TANG, CANBY and O'SCANNLAIN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc January 19, 1990.

O'SCANNLAIN, Circuit Judge:

We are asked to decide whether the Certificate of Need ("CON") regulations of the Commonwealth of the Northern Mariana Islands ("CNMI"), as applied to Dr. Madarang, violate the fourteenth amendment.

I

J.F. Madarang and Associates, D.D.S. ("Dr. Madarang" or "appellant") filed a complaint in the United States District Court for the Northern...

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