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MILLER v. STUART

No. 96-2068.

117 F.3d 1376 (1997)

Stephen M. MILLER, Plaintiff-Appellee, American Express Tax and Business Services, Incorporated, Plaintiff-Appellee-Cross-Appellant, v. George STUART, Secretary, as Head of the Florida Dept. of Business and Professional Regulation; John P. Baumann, Jr.; Charles H. Calhoun; Shaun M. Davis; Malcolm R. Duggan; Mirtha V. Martin; Francisco J. Paredes; Andrea A. Spottswood; David MacNamara; Zoya W. Phillips, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 30, 1997.

Attorney(s) appearing for the Case

John J. Rimes, III, Asst. Atty. Gen., Gregory A. Chaires, Asst. Atty. Gen., Tallahassee, FL, for appellant.

David B. Isbell, Covington & Burling, Washington, DC, for amicus NASB.

Kenneth R. Hart, Steven P. Seymoe, Ausley & McMullen, Tallahassee, FL, for amicus FICPA.

Andrew J. Pincus, Gary A. Winters, Mayer, Brown & Platt, Washington, DC, for amicus AICPA.

Susan L. Turner, Holland & Knight, Tallahassee, FL, Donald B. Verrilli, Jr., Washington, DC, for appellee.

David C. Vladeck, Public Citizens Litigation Group, Washington, DC, for amicus Public Citizen.

Before DUBINA and BLACK, Circuit Judges, and O'KELLEY, Senior District Judge.

BLACK, Circuit Judge:

Stephen M. Miller, a Certified Public Accountant (CPA) employed by American Express Tax and Business Services, Inc. (American Express), presents a First Amendment challenge to the State of Florida's regulation of public accountancy. The State's regulatory scheme prevents Miller from disclosing his CPA license to the public while performing accounting and tax services because he is employed by American Express, a firm not owned by CPAs. On cross...

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