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SPEAKS v. KRUSE

No. 05-30054.

445 F.3d 396 (2006)

Kirtland SPEAKS, D.C., Plaintiff-Appellant, v. Mark B. KRUSE, in his official capacity as a duly appointed member of the Louisiana Board of Chiropractic Examiners; Glenn D. Manceaux, in his official capacity as a duly appointed member of the Louisiana Board of Chiropractic Examiners; Kelly B. Faircloth, in her official capacity as a duly appointed member of the Louisiana Board of Chiropractic Examiners; Patrick S. Clawson, in his official capacity as a duly appointed member of the Louisiana Board of Chiropractic Examiners; William P. Fey, Jr., in his official capacity as a duly appointed member of the Louisiana Board of Chiropractic Examiners; John L. Murphy, in his official capacity as a duly appointed member of the Louisiana Board of Chiropractic Examiners; R. Buckley Vanbreemen, in his official capacity as a duly appointed member of the Louisiana Board of Chiropractic Examiners, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 29, 2006.

Attorney(s) appearing for the Case

James F. McCarthy, III (argued), Katz, Teller, Brant & Hild, Cincinnati, OH, Ernest E. Svenson, Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, for Speaks.

Charles Henry Braud, Jr. (argued), Baton Rouge, LA, for Defendants-Appellees.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Chiropractor Kirtland Speaks appeals the district court's denial of his motion for a preliminary injunction against the enforcement of provisions of Louisiana law regulating solicitation of prospective patients. We vacate and remand with instruction to grant the requested preliminary injunction.

I

Dr. Kirtland Speaks is a chiropractor licensed by the Louisiana State Board of Chiropractic Examiners ("the Board...

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