INTERN. ACADEMY OF ORAL MED. v. N.C. BD. OF DENTAL EXAMINERS

No. 5:05-CV-856-D2.

451 F.Supp.2d 746 (2006)

THE INTERNATIONAL ACADEMY OF ORAL MEDICINE & TOXICOLOGY, Plaintiff, v. THE NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS; Benjamin W. Brown, DDS; Stanley L. Allen, DDS; Clifford O. Feingold, DDS; Ronald K. Owens, DDS; Joseph S. Burnham, DDS; Neplus S. Hall, RDH; Zannie Effird; and W. Stan Hardesty, DDS; each in their official capacity, as well as their respective agents and successors, Defendants.

United States District Court, E.D. North Carolina, Western Division.

August 29, 2006.


Attorney(s) appearing for the Case

Marshall A. Gallop, Jr., Battle, Winslow, Scott & Wiley, PA, Rocky Mount, NC, for The International Academy of Oral Medicine & Toxicology, Plaintiff.

Douglas J. Brocker, The Brocker Law Offices, P.A., Raleigh, NC, John C. Millberg, Millberg, Gordon & Stewart, Raleigh, NC, for The North Carolina State Board of Dental Examiners, DDS Benjamin W. Brown, DDS Stanley L. Allen, DDS C. Wayne Holland, DDS Brad C. Morgan, DDS Joseph S. Burnham, DDS W. Stan Hardesty, DDS Clifford 0. Feingold, DDS Ronald K. Owens, RDH Neplus S. Hall, Zannie Effird Each in his official capacity, as well as their respective agents and successors, Defendants.


ORDER

DEVER, District Judge.

The International Academy of Oral Medicine and Toxicology ("plaintiff" or "IAOMT") claims that the eight individual board members (collectively "defendants") of the North Carolina State Board of Dental Examiners ("Dental Board" or "Board") are violating the free speech guarantees of the United States Constitution through their alleged regulation of North Carolina dentists' speech concerning mercury-related dental practices. Plaintiff...

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