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CAPOBIANCO v. SUMMERS

No. 02-5756.

377 F.3d 559 (2004)

Michael Anthony CAPOBIANCO, D.C., Plaintiff-Appellant, v. Paul SUMMERS, Attorney General, in his official capacity as Attorney General of the State of Tennessee; Tennessee Board Of Chiropractic Examiners, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 23, 2004.

Attorney(s) appearing for the Case

Douglas R. Pierce (argued and briefed), Alexander J. Passantino (Briefed), King & Ballow, Nashville, TN, for Plaintiff-Appellant.

Sue A. Sheldon (argued and briefed), Office of the Attorney General, General Civil Div., Nashville, TN, for Defendants-Appellees.

Before BOGGS, Chief Judge; BATCHELDER and SUTTON, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

Plaintiff-Appellant Michael Capobianco appeals the district court's order denying a preliminary injunction to prevent the defendants from enforcing Tenn. Comp. R. & Regs. § 0260-2-.20(6)(a) ("the Rule") during the pendency of this action challenging the Rule's constitutionality. Because we conclude that the district court did not err in holding that the factors the court was required to consider in deciding this...

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