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AMERICAN COUNCIL OF CERTIFIED POD. v. AMERICAN BD.

No. 01-1578.

323 F.3d 366 (2003)

AMERICAN COUNCIL OF CERTIFIED PODIATRIC PHYSICIANS AND SURGEONS, Plaintiff-Appellant, v. AMERICAN BOARD OF PODIATRIC SURGERY, INC., Defendant-Appellee, American Podiatric Medical Association, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 11, 2003.

Attorney(s) appearing for the Case

H. Laddie Montague, Jr. (argued and briefed), Berger & Montague, Philadelphia, PA, Alan M. Sandals (briefed), Sandals & Langer, Philadelphia, PA, for Plaintiff-Appellant.

Philip J. Kessler (argued and briefed), Laurie J. Michelson (briefed), Butzel Long, Detroit, MI, Gordon J. Walker (briefed), Butzel Long, Bloomfield Hills, MI, for Defendant-Appellee.

Before NORRIS and GILMAN, Circuit Judges; McKEAGUE, District Judge.

OPINION

ALAN E. NORRIS, Circuit Judge.

The plaintiff and defendant in this antitrust and tortious interference action are both professional associations of podiatrists that provide certification services. The American Council of Certified Podiatric Physicians and Surgeons ("ACCPPS"), the plaintiff, was formed by dissatisfied podiatrists as an alternative to the American Board of Podiatric Surgery ("ABPS"), the defendant, and began certification of podiatrists...

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