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MEDICAL SOC. OF NEW JERSEY v. HERR

No. CIV.A. 01-2003(JWB).

191 F.Supp.2d 574 (2002)

THE MEDICAL SOCIETY OF NEW JERSEY; and John Doe, M.D., Plaintiffs, v. Mark S. HERR, Individually and in his official capacity as Director of the State of New Jersey, Department of Law and Public Safety, Division of Consumer Affairs; and The State of New Jersey, Defendants.

United States District Court, D. New Jersey.

March 21, 2002.

Attorney(s) appearing for the Case

Kern Augustine Conroy & Schoppmann, By Robert J. Conroy, Esquire, Bridgewater, NJ, or Plaintiffs.

William J. Farmer, Jr., Attorney General of New Jersey, By Jeffrey C. Burstein, Senior Deputy Attorney General, Division of Law, Newark, NJ, for Defendants.

OPINION

BISSELL, Chief Judge.

This matter comes before the Court on defendants' motion to dismiss the Complaint on several grounds. Plaintiff John Doe, M.D., a physician with a record of substance abuse, sought certification from the state licensing board to practice medicine in New Jersey without limitation. When the board forwarded his application to the Director of Consumer Affairs for his approval, plaintiff and a private organization representing...

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