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POTTS v. ILL. DEP'T OF REGIS. & EDUC.

No. 66739.

128 Ill.2d 322 (1989)

538 N.E.2d 1140

MARY ANN POTTS et al., Appellees, v. THE ILLINOIS DEPARTMENT OF REGISTRATION AND EDUCATION, Appellant.

Supreme Court of Illinois.

Rehearing denied May 26, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and William D. Frazier, Assistant Attorney General, of Chicago, of counsel), for appellant.

James T. Londrigan and Timothy J. Londrigan, of Londrigan & Londrigan, of Springfield, for appellees.

Saul J. Morse, of Morse, Giganti & Appleton, of Springfield, for amicus curiae Illinois State Medical Society.

Judgment reversed.

JUSTICE CLARK delivered the opinion of the court:

In this appeal we are presented with a constitutional challenge to the Medical Practice Act of 1987 (the Act) (Ill. Rev. Stat. 1987, ch. 111, par. 4400-1 et seq.), which provides for the licensure of doctors of medicine. The circuit court of Sangamon County found that the Act deprived the appellees of their property right in the practice...

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