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POTTS v. HAMILTON

No. CIV-S-03-0348DFL/DAD.

334 F.Supp.2d 1206 (2004)

Michael L. POTTS, D.D.S., and the American Academy of Implant Dentistry, Plaintiffs, v. Kathleen HAMILTON, Director, California Department of Consumer Affairs; Cynthia Gatlin, Executive Officer, California Dental Board; and Alan H. Kaye, D.D.S., President; Michael Pinkerton, Vice-President, Public Member; LA Donna Drury-Klein, R.D.A., Secretary; David I. Baron, Public Member; Newton Gordon, D.D.S., Member; Lawrence Hyndley, D.D.S., Member; Patricia Osuna, R.D.H., Member; George Soohoo, D.D.S., Member; Ariane Terlet, D.D.S., Member; and Chester Yokohama, D.D.S., Member, in their official capacities with the California Dental Board, Defendants.

United States District Court, E.D. California.

September 8, 2004.

Attorney(s) appearing for the Case

Ann Taylor Schwing, Esq., McDonough Holland and Allen, Sacramento, Frank R. Recker, Esq. (Pro Hac Vice), Cynthia June Hubbard, Esq. (Pro Hac Vice), Marco Island, FL, for Plaintiffs.

Marcia A. Fay, Esq., Attorney General's Office for the State of California, Sacramento, CA, for Defendants.

Charles S. Painter, Esq., Ericksen Arbuthnot Brown Kildruff and Day, Sacramento, CA, Laurel A. Haskell, Esq., Steven P. Means, Esq., Michael Best and Friedrich, Chicago, IL, for Intervenors: Lawrence Addleson, DDS and American Academy of Cosmetic Dentistry.

MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

This case is a further chapter in the long-running dispute between plaintiffs and the State of California over the State's prohibitions upon the advertising of dental specialty credentials. Plaintiffs challenge a recently enacted California statute restricting the advertising of dental specialty credentials to those credentials recognized by the American Dental Association ("ADA") or the Dental...

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