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SAMMON v. NEW JERSEY BD. OF MEDICAL EXAMINERS

No. 94-5495.

66 F.3d 639 (1995)

Alice SAMMON; Michael and Stefania Santomenna; Tracy Leal and Tom Quinn, Tony and Vicki Diioia and Landie Simone, Appellants, v. NEW JERSEY BOARD OF MEDICAL EXAMINERS; State of New Jersey, Christine Todd Whitman, Governor, State of New Jersey. (Caption amended per the Clerk's 9/26/94 order).

United States Court of Appeals, Third Circuit.

Decided September 15, 1995.

Attorney(s) appearing for the Case

Michael H. Sussman (argued), Law Offices of Michael H. Sussman, Goshen, NY, John P. Brennan, Jr., Spring Lake Heights, NJ, for appellants.

Deborah T. Poritz, Attorney General of New Jersey, Andrea M. Silkowitz, Assistant Attorney General, Sandra Y. Dick (Argued), Senior Deputy Attorney General, Office of Attorney General of New Jersey, Newark, NJ, for appellees.

Before: STAPLETON and COWEN, Circuit Judges, and HUYETT, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This case presents a substantive due process challenge to several provisions of a New Jersey licensing statute regulating the practice of midwifery. The plaintiffs/appellants are several aspiring midwives, a midwife not presently licensed by the State of New Jersey, and several couples who wish to employ a midwife to assist with the birth of their next child. We hold...

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