GUARDIAN PLANS INC. v. TEAGUE

No. 88-3101.

870 F.2d 123 (1989)

GUARDIAN PLANS INC.; Benny R. Benson; Willard D. Tharp; Ben E. Rogers, Jr., Plaintiffs — Appellants, v. Joseph W. TEAGUE; Frederick R.M. Carter; David M. Farris; Emogene Bennett; Donald K. Jones; Ernest L. Myers; John Harvey Givens; David L. Bailey, Jr.; Susan L. Modlin, Members, Board of Funeral Directors & Embalmers; Bernard L. Henderson, Jr., Director, Department of Health Regulatory Boards; Virginia Funeral Directors Association Inc.'s, Defendants — Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 7, 1989.

Rehearing Denied April 12, 1989.

Rehearing Denied June 1, 1989.


Attorney(s) appearing for the Case

William Gray Broaddus, Thomas E. Spahn (McGuire, Woods, Battle & Boothe, on brief), for plaintiffs-appellants.

Anthony Francis Troy (Susan W. Custer, Mays & Valentine, on brief), Guy Winston Horsley, Jr., Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., R. Claire Guthrie, Deputy Atty. Gen., Teresa D. Creef, Asst. Atty. Gen., Office of the Atty. Gen., on brief) for defendants-appellees.

Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.


Rehearing In Banc Denied June 1, 1989.

K.K. HALL, Circuit Judge:

Guardian Plans, Inc., a Virginia corporation, and Benny R. Benson, its agent (collectively referred to as "Guardian"), along with Willard D. Tharp and Ben E. Rogers, Jr., two Funeral Directors licensed by the Commonwealth of Virginia, appeal the district court's decision upholding the constitutionality of the licensure requirements and the telephone solicitation restrictions of Virginia's funeral...

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